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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The 
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D 
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obtenir  la  meiileure  imago  possible. 


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Additional  comments:/ 
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Ce  document  est  filmA  au  taux  de  rMuction  indiqui  ci-dessous. 


10X 

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30X 

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12X 


16X 


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24X 


28X 


32X 


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Idtails 
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nodifier 
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ilmaga 


The  copy  filmed  here  has  been  reproduced  thanks 
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pubiiques  du  Canada 

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conformitA  avec  les  conditions  du  contrat  de 
filmaga. 


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es 


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premlAre  page  qui  comporte  une  empreinte 
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la  dernlAre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^(meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaltra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »•  signifle  "A  SUIVRE ",  le 
symbols  V  signifia  "FIN". 


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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planchas,  tableaux,  etc.,  peuvent  Atre 
fllm6s  A  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich6,  11  est  fllmA  A  partir 
de  I'angia  sup6rieur  gauche,  de  gauche  A  drolte. 
et  de  haut  en  bes.  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


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■Iltu^ 


T  RE  A  T  Y 


OF 


AMITY, 


COMMERCI^ 

AHiy 


:'fj 


NAVIGATI9N, 


BETWEEN 


His  BritanniG  Majefty 

AND 

The  United  States  of  Americ 

CONDITIONALLY  RATIFIED 

By  the  Senate  of  thb  United  States, 

At  Philadelphia,  June  24,  1795. 


i 


TO   WHICH    IS    ANNEXED^ 

A  Copious  Appendix. 


PHILADELPHIA: 

PRINTED   BT   HE^r  TUCKNISS, 
^OR   MATHER    CAI^BY,    NO.    I  i8»    MA 


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ADVERTISEMENT. 


k 


THE  importance  of  the  pending 
Treaty  with  Britain,  and  the  frequent  re- 
fertnces,  in  the  difcuffion  of  its  merits^ 
to  the  Treaties  with  France,  the  Federal 
Conftitution,  &c.  have  induced  the  Editor 
to  make  a  compilation  of  as  many  of  the 
documents  connedled  with  this  interelting 
fubjtid,  as  might  be  necellary  to  enable 
the  reader  to  decide  for  himfelf,  and  not 
take,  on  truft,  the  interelled  quotations  of 
party  writers. 

From  among  the  multiplicity  of  publi- 
cations,/)r<?  and  co?i^  the  "  Features  of  IVIn 
Jay's  Treaty."  and  the  "  Vindication'*  of 
that  inflrument,  have  been  felefted,  asin- 
luding  nearly  all  the  arguments  that  have 
len  advanced  by  the  writers  on  both  fides 
the  queftion. 


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C  V  n"'^^    E    N    T    S- 


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^REj^Ti"  agreed  upon  ly  Mr,  Jay  and  Lord 


Grenv'ilh 


Conditional  Ratification  ly  the  Senate  of  the  United 


States 


54 


Letter  from  Mr.  Jefferfon  to  Mr,  Hammond  35 

Motion  of  Mr,  Burr  -  -  -  37 

39 
41 
SS 


Motion  of  Mr,  'Ta%eweU  -  -         - 

Treaty  of  Amity  and  Commerce  between  France  and 

the  United  States,  February  6ih,   177^ 
Treaty  of  Alliance ,  eventual  and  dcfenfive,  between 

France  and  the  United  States ,  February  6th,  1778 
Definitive  Treaty  between   Great  Britain  and  the 

'United  States,  September  ^d,   1783    '  w  ^g 

Conpitution  of  the  United  States  -  -  61 

Amendments  to  ditto        '' •  *  •      .        -       ~       'j6 

Explanation  of  the  a8ual  Situation  of  Mr,  Jay^s 

Treaty  -    .    •      •   .  '•      .       -  79 

Features  of  Mr,  Jay's  Treaty         -         -         -         83 
P'iew  of  the  Coifimerce  of  the  United  States,  as  it 

(lands  at  prefent,  and  as  it  is  fixed  by  Mr,  jfay^s 

Treaty  -  -  -  -  151^ 

Refnlulions  of  the  Citizens  of  Boflon,  July  iph,  | 

1795  -    ..  -  -  -  -  15^ 

Addrefs  of  the  Citizens  of  Fort/mouth  (New  Hamp- 

fhire)  July  \^th,\']()^  -  -  160 

Refolutions  of  the  Citizens  of  New  Tork,  July  20th, 

1795  -  -  -  -  162 

Memorial  of  the  Citizens  of  Philadelphia,  July  2$th,  ■* 

1795  -  .  -       V      -  172 

Report  of  the  Charlejlon  Committee,  July  igth,  1795    175' 


I  i 


M 


J 


i 


I 


i^ 


E 

1 

Refolutions  of  the  Jujltces  and  Aldtrmen  of  Norfolk ^ 
July   11//',    1795  -  -  -  181 

Refolutions  of  the  Citizens  of  Baltimore,  July  2']th, 
1795  -  -  -  -  Ibid. 

Keix)  Jcrfey   Petition  -  -  -  182 

Refolutions  of  the  Citizens  of  Trenton,  July  igth, 

*795  -        ..    -  -     .    -         -  183 

Refolutions  of  the   Citizens  of  Flemington   (New 

J^^'fey)  y^b^z^^  1795  -  -       186 

Addrefs  of  the  Merchants   of  New    Tori,  July 

17/A,  1795  -  -  -  "    187 

Refolutions  of  the  New    Tork  Chamber   of  Com- 

merce,  July  2iy?,    1795  "  "  ^^9 

Obfervations  on  the  Extent  of  the  Prefident*s  Power 

with  refpeit  to  Treatits  -  -  -  1 90 

Curtius*s    Vindication  of  Mr.   jfay^s  Treaty,  in 

twelve  Numbers  -  -  -  194 

Briti/h  Proclamation,  November  6th,   1793        "        -^7^ 
Ditto  ditto  January  ^794       -      Ibid. 

Lord  Dorchefler"* s  Reply  to  the  hidians,  February 

lOth,    1794  -  -  -  277 

Commercial  Refolutions  moved  for  by  Mr,  Madifon, 

in  the  Houfe  of  Reprefentatives  of  the  United  States, 

January  yl,  1 'J  g^  -  -  -  280 

Mr,   Dayton's   Refolutions  for  the  Sequeftration  of 

Brittfh  Property  -  -  -  282 

Refoluiion  movtd for  by  Mr,   Abraham  Clarke,  for 
fufpending  the  IntercQurfe  with  Britain  -         283 


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TREATY. 


JTl  I S  Britannic  Majefty  and  the  Unit- 
ed States  of  America,  being  defirous  by  a  Treaty 
of  Amity,  Commerce,  and  Navigation,  to  termi- 
nate their  differences  in  fuch  a  manner,  as,  without 
reference  to  the  merits  of  their  refpedlive  complaints 
and  pretenfions,  may  be  the  befl  calculated  to  pro- 
duce mutual  fatisfaaion  and  good  uliderftanding : 
And  alfo  to  regulate  the  commerce  and  navigation 
between  their  refpedlive  countries,  territories  and 
people,  in  fuch  a  manner  as  to  render  the  fame  re- 
ciprocally beneficial  and  iatisfa^^ory ;  they  have, 
refpedlively,  named  their  plenipotentiaries,  and  gi- 
ven them  full  power  to  treat  of,  yrd  conclude,  tlie 
faid  treaty,  that  is  to  iky ;  His  Bntannic  Majefly 
has  named  for  his  plenipotentiary,  the  Right  Honor- 
able William  Wyndham,  Baron  Grenville,  of 
Wotton,  one  of  his  Majefty's  Privy  Council,  andh^s 
Majefty's  principal  Secretary  of  State  for  Foreign 
Affairs ;  and  the  Prefident  of  the  faid  United  States, 
by  and  with  the  advice  and  confent  of  the  Senate 
thereof,  h^th  appointed  for  their  plenipotentiary,  the 
Honorable  John  Jay,  Chief  Juftice  of  the  faia  Uni^ 
ted  States  and  their  envoy  extraordinary  to  his  Ma- 
jefi^y,  who  have  agreed  on  and  concluded  the  follow- 
ing articles ; 

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[     6    ]      ^ 

ARTICLE  I. 

There  (hail  be  a  firm,  inviolable  and  univcrfal 
peace,  and  a  true  and  finccre  friendfliip  between  his 
Dritaiinic  Avyefty,  his  heirs  and  facceflbrs,  and  the 
United  States  of  America;  and  between  their  re- 
fpc(S^ive countries,  territories,  cities,  towns,  and  peo- 
ple of  every  degree,  without  exception  of  perfons  or 
places. 

ARTICLE  II. 

His  majtfty  will  withdraw  all  his  troops  and  ^ar- 
rHibns,  from  all  pofts  and  places  within  the  bound- 
ary lines  affigned  by  the  treaty  of  peace  to  the  L^ni- 
tcd  States.  This  evacuation  fhall  take  place  on  or 
before  the  firft  day  of  June,  one  thoufand  (even  hun- 
dred and  ninety-fix,  and  all  the  proper  meafures 
fhall  in  the  interval  be  taken  by  concert  between 
the  government  of  the  United  States,  and  his  ma- 
jefty's  governor  general  in  America,  for  fettling 
the  previous  arrangements  which  may  be  neceflary 
rcfpe6Hng  the  delivery  of  the  faid  pofts :  The  Uni- 
ted States  m  the  mean  time  at  their  difcretion,  ex- 
tending their  fettlements  to  any  part  within  the 
faid  boundary  line,  except  within  the  precincts  or 
jurifdiclion  of  any  of  the  faid  pofts.  All  fettlers 
and  traders  within  the  precin6ts  or  jurifdi<^ion  of  the 
faid  pofts,  fhall  continue  to  enjoy,  unmolcfted,  all 
their  property  of  every  kind,  and  lliall  be  protected 
therein.  They  fhall  be  at  full  liberty  to  remain 
tlierc,  or  to  remove  with  all  or  any  part  of  their  ef- 
fects ;  and  it  fhall  alfo  be  free  to  them  to  fell  their 
lands,  houfes,  or  effects,  or  to  retain  the  property 
thereof,  at  their  difcretion ;  fuch  of  them  as  fhal] 
continue  to  rcfide  within  the  faid  boundary  lines, 
fhall  not  be  compelled  to  become  citizens  of  the 
United  States,  or  to  take  any  oath  of  allegiance  to 
the  government  thereof  5  but  fhall  be  at  full  liberty 


t    7    ] 

fo  to  do  if  they  think  proper  ;  and  they  fliall  make 
and  declare  their  clcdtion  within  one  year  after  the 
evacuation  aforefaid.  And  all  perfons  who  (hall 
continue  there  after  the  expiration  of  the  (aid  year, 
without  having  declared  their  intention  of  remain- 
ing fubjefis  of  his  Britannic  majefty,  fhall  be  con- 
fidcred  as  having  clewed  to  become  citizens  of  the 
Uiiited  States. 

ARTICLE   III. 

It  is  agreed  that  it  fhall  at  all  times  be  free  to 
Ms  mrjcuy's  fubjedts,  and  to  the  citizens  of  the 
United  State?,  and  alfo  to  the  Indians  dwelling  o;i 
either  fide  of  the  faid  boundary  line,  freely  to  pafs 
and  repafs  by  land  or  inland  navigation,  into  the  re- 
fpedlive  territories  and  countries  of  the  two  parties, 
on  the  continent  of  America  (the  country  within  the 
limits  of  the  Hudfon's  Bay  Company  only  except- 
ed) and  to  navigate  all  the  lakes,  rivets,  and  waters 
thereof,  and  freely  to  carry  on  trade  and  commerce 
with  each  other.  But  it  is  underftood,  that  this  ar- 
ticle does  not  extend  to  the  admiiTion  of  veflels 
of  the  United  States  into  the  fea  ports,  har-, 
hours,  bays,  or  creeks  of  his  majefty's  faid  territo- 
ries; nor  into  fuch  parts  of  the  rivers  mhis  maiefly's 
faid  territories  as  are  between  the  moutii  thereof, 
and  the  higheft  port  of  entry  from  the  fea,  except  in 
fmall  veflels  trading  bona  fide  between  Montreal 
and  Quebec,  under  luch  regulations  as  fhall  be  efla- 
blifhed  to  prevent  the  poffibility  of  any  fi-auds  in 
this  refpe£l ;  nor  to  the  admiflion  of  Britifh  vef- 
fels  from  the  fea  into  the  rivers  of  the  United  States, 
beyond  the  higheft  ports  of  entry  for  veflels  frpm 
the  fea.  The  river  Mifliffippi  fnall,  however,  ac-  ^ 
cording  to  the  treaty  of  peace,  be  entirely  open  to 
both  parties;  and  it  is  further  agreed,  that  all  the 
ports  and  places  on  its  eaftera  fide,  to  whichfoever 


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iA  t\i£  pai'tics  belonging,  may  freely  be  refbrted  to 
and  ufed  by  both  parues,  in  as  ample  a  manner  as 
any  of  the  Atlantic  ports  or  places  of  the  United 
States,  or  any  of  the  ports  or  places  of  his  majcfty 
in  Great  Britain. 

All  goods  and  merchandfze  whofe  importatioa 
into  his  majefly's  faid  territories  in  America>  (hall 
not  be  entirely  prohibited,  may  freely,  for  the  pur- 
pofes  of  commerce,  be  carried  into  tne  fame  in  the 
manner  aforefaid,  by  the  citizens  of  the  United 
States,  and  fuch  goods  and  merchandize  fhall  be 
fubjedt  to  no  higher  or  other  duties,  than  would  be 
payable  by  his  Majefty's  fubjcdls  on  the  importa- 
tion of  the  fame  from  Europe  into  the  faid  territo- 
ries. And  in  like  manner,  all  goods  and  merchan- 
ilize  whofe  importation  into  the  United  States  fhall 
not  be  wholly  prohibited,  may  freely,  for  the  pur- 
pofes  of  commerce,  be  carried  into  the  fame,  in  tJie 
manner  aforefaid,  by  his  majefty's  fubje6h,  and 
ilich  goods  and  merdhandize  mail  be  fubjed^  to  no 
higher  or  other  duties,  than  would  be  payable  by 
die  citizens  of  the  United  States  on  the  importation 
of  the  fame  in  American  veflels  into  the  Atlantic 
ports  of  the  iaid  States.  And  all  ^oods  not  pro- 
hibited to  be  exported  from  the  faid  territories  re- 
fee^tively,  may  in  like  manner  be  carried  out  of  the 
ianc  by  the  two  parties  refpedHvely,  paying  duty 
as  afbre(aid. 

No  duty  of  entry  fhall  ever  be  levied  by  either 
porty  ort  peltries  brought  by  land,  or  inland  naviga- 
tion into  the  (aid  territories  refpedlively ;  nor  fhall 
Ae  Indians  pafling  or  repaffing  with  their  own  pro- 
per goods  and  efredts  of  whatever  nature,  pay  for 
the  fame  any  impoft  or  duty  whatever.  But  goods 
in  bales,  or  other  large  packages  unufual  among 
Indians,  fhall  not  be  coi\ndered  as  goods  belonging 
bona  fde  to  Itidhns^        ,,  , 


r  9  ]• 

No  higher  or  other  tolls  or  rates  of  ferriage  tha« 
what  are  or  ihall  be  payable  by  natives,  inall  be 
demanded  on  either  fide ',  and  no  duties  (liall  be  pay« 
able  on  any  goods  which  ihall  be  merely  carried 
over  any  of  the  portages  or  carrying  places  on  either 
fide,  for  the  purpofe  of  being  immediately  reim- 
barked  and  carried  to  fome  other  place  or  places. 
But  as  by  this  flipulation  it  is  onlv  meant  to 
fecure  to  each  party  a  free  paflage  acrofs  the  porta- 
ges on  both  fides ;  it  is  agreed,  that  this  exemption 
trom  duty  (hall  extend  only  to  fuch  goods  as  are 
carried  i.i  the  ufual  and  dire£l  road  acrofs  the  por- 
tage, and  arc  not  attempted  to  be  in  any  manner 
fold  or  exchanged  during  their  paflage  acrofs  the 
fame ;  and  proper  regulations  may  be  eftablifhed  to 
prevent  the  poffibility  of  any  frauds  in  this  refpe^. 

As  this  article  is  intended  to  render  in  a  great 
degree  the  local  advantages  of  each  party  common 
to  botli,  and  thereby  to  promote  a  difpofition  favour- 
able to  friendihip  and  good  neighbourhood,  it  is 
agreed,  that  the  refpc«5tive  governments  will  mutu- 
ally promote  this  amicable  intercourfe,  by  cauftng 
fpecdy  and  impartial  juftice  to  be  done,  andnccefla- 
ry  protection  to  be  extended  to  all  who  may  be 
concerned  therein. 

ARTICLE  I V.  '■„:'"",- i 
Whereas  it  is  uncertain  whether  the  river  Miflif- 
fjppi  extends  k>  far  to  the  northward  as  to  be  inter- 
fered by  a  kne  to  be  drawn  due  wert  from  the  Lake 
of  the  Woods,  in  the  manner  mentioned  in  the  trea- 
ty of  peace  between  his  majcfl:y..and  the  United 
otates  :  it  is  agreed  that  meafures  fliall  be  taken  in 
concert  between  his  majefty's  government  in  Ame- 
rica and  the  government  of  the  United  States,  for 
making  a  joint  furvey  of  the  faid  rivei  hoin  one 
degree  oi  latitAide  below  the  falls  oi  St*  AothMiy. 


11 


i 


|i  : 


;    ! 


r  10  ] 

to  the  principal  fource  or  fources  of  faid  river  and 
die  parts  ac^acent  thereto ;  and  that  if  on  the  refult 
of  fuch  furvey,  it  (hould  appear  that  the  faid  river, 
would  not  be  interfe<S^ed  by  fuch  a  line  as  is  above 
mentioned,  the  two  parties  will  thereupon  proceed 
by  amicable  negociation,  to  regulate  the  boundary 
line  in  that  quarter,  as  well  as  all  other  points  to  be 
ac^ufled  between  the  faid  parties,  according  to  juf- 
tice  and  mutual  convenience,  and  in  conformity  to 
the  intent  of  the  (aid  treaty.      *^  ^  ^•^'     *^ 

ARTICLE  V.        *'  "' 

:,  -Whereas  doubts  have  arifen  what  river  was 
truly  intended  under  the  name  of  the  river  St.  Croix, 
jjientioned  in  the  faid  treaty  of  peace,  and  forming  a 
pzxt  of  the  boundary  therein  defirribed ;  thatqueflion 
ihall  be  referred  to  the  final  decifion  of  commiilion- 
ers  to.  be  appointed  in  the  following  manner,  viz, 
5«^  One  commiAioner  (hall  be  named  by  his  Majefty, 
,  and. one  .by  the  Prefident  of  the  United  States,  by 
and  with  the  advice  and  confent  of  the  Senate 
thereof,  and  the  faid  two  commiffioners  fhall  agree 
on  the  choice  of  a  third  ;  or  if  they  cannot  fo  agree, 
they  (hall  each  propofe  one  perfon,  and  of  the  two 
names  fo  propofed,  one  fhall  be  drawn  by  lot  in  the 
prefence  of  the  two  original  commiflioners.  And 
the  three  commmiflioners  fo  appointed,  fhall  be 
fWorn,  impartially  to  examine  and  decide  the  faid 
queftion,  according  to  fuch  evidence  as  fhall  refpec- 
tively  belaid  before  them  on  thie  part  of  the  Britifh 
government  and  of  the  United  States.  The  faid 
eommiilioners  fliall  meet  at  Halifax,  arid  fhall 
have  power  to  adjourn  to  fuch  other  place  or  places 
as  lAtsy  flvall  think  ftt.  They  fhall  have  power  to 
igpfpfAnt  a  fecretary,  and  to  employ  (bch  ^rveyors  or 
©thei'  pcrfbns  as  they  (hall  }ud»e  neceflary.  The 
jfeiieom^BiiHoncrs  ft»ll>hy  a  dieasra^n  uj94er  theur 


fh 


VTl 


vcr  and 
le  refult 
id  river, 
s  above 
proceed 
Aindary 
its  tol)e 
to  juf- 
mity  to 


er  was 

Croix, 

minff  a 

[ueftion 

niffion- 

•,  Viz, 

lajefty, 

tes,  by 

Senate 

1  acrree 

►  agre€, 

le  two 

in  the 

And 

all   be 

le  fa  id 

efpec- 

Britifh 

faid 

Ihall 

places 

wer  to 

ors  or 

The 

rtheif 


r  II  T 

bands  and  ftals,  decide  what  river  is  the  river  St. 
Croix  intended  by  the  treaty.  The  faid  declara- 
tion (hall  contain  a  defcription  of  the  faid  river,  and 
(hall  particularize  the  latitude  and  longitude  of  its 
mouth  and  of  its  fourcc.  Duplicates  of  this  decla- 
ration and  of  the  ftatements  of  their  accounts,  and  of 
the  journal  of  their  prcxreedings,  fhall  be  delivered  by 
them  to  the  agent  of  his  majcfty,  and  to  the  agent  of 
the  United  States,  who  may  be  rcfpcjdti  vely  appoijit- 
ed  and  authorifed  to  manage  the  biifinefs  on  behalf 
of  the  refpedlive  governments.  And  both  parties 
agree  to  confider  fuch  decifion  as  final  and  conclu- 
five,  fo  as  that  the  fame  fhall  never  thereafter  be 
called  in  queftion,  or  made  the  fubje^l  of  difpute  or 
difference  between  them.      ^  ..,.., 

ARTICLE  VI.  ^"  - 
Whereas  it  is  alleged  by  divers  Britiih  mer- 
chants and  others  his  majefty's  fubjedls,  that  debts 
to  a  confider  able  amount,  which  were  hona  fide 
contra£led  before  the  peace,  ftill  remain  owino-  to 
them  by  citizens  or  inhabitants  of  the  United  States, 
and  that  by  the  operation  of  various  kwful  impedi- 
ments fmce  the  peace,  not  only  the  full  recovery  of 
the  faid  debts  has  been  delayed,  but  alfo  the  value 
and  fecurity  thereof  have  been,  in  fcvera!  inftances, 
linpaired  and  leflened,  fo  that  by  the  ordinary  courfe 
of  judicial  proceedings,  the  Britifh  creditors  can- 
not now  obtain,  and  aftually  have  and  receive  full 
and  adequate  compenfation  for  the  lofTes  and  dama- 
ges which  they  have  thereby  fuftained.  It  is  agreed, 
that  in  all  fuch  cafes  where  full  compenfation  fcr 
fuch  lofles  and  damages  cannot  for  whatever  rea- 
fon  be  a<Stually  obtained,  had  and  received  by  the 
faid  creditors  in  the  ordinarv  courfe  of  juftice,  the 
United  States  will  make  full  and  complete  com- 
penfatioafor  the  fame  to  the  (aj^  creditors :  but  it  is. 


fl 


;lr! 


i 


[       12      ] 

tliftiinSlly  untlerflood,  that  this  provifion  is  to  ex- 
tend to  fuch  lofles  only  as  have  been  occafioned  by 
the  lawful  Impediments  aforefaid,  and  is  not  to  ex- 
tend to  lofles  occafioned  by  fuch  infolvency  of 
the  debtors,  or  other  caiifes  as  would  equally  have 
operated  to  produce  fuch  a  lofs,  if  the  fame  impedi- 
ments had  not  exifted :  nor  to  fuch  lofTes  or  dama« 
ges  as  have  been  oa:afioned  by  the  manifeft  delay  or 
negligence,  or  wilful  omiffion  of  the  claimant. 

For  the  purpofe  of  afcertaining  the  amount  of  any 
fuch  lolles  or  damages,  five  commiffioners  fhall  be 
appointed,  and  authorized  to  meet  and  adl  in  man- 
ner following,  viz.  Two  of  them  fhall  be  appoint- 
ed by  his  Majefty,  two  of  them  by  the  Prendent  of 
the  United  States  by  and  with  the  advice  and  con- 
fent  of  the  Senate  thereof,  and  the  fifth  by  the  unani- 
mous voice  of  the  other  four ;  and  if  they  fhould  not 
agree  in  fuch  choice,  then  the  commiffioners  named 
by  the  two  parties  fhall  refpedlively  propofe  one  per- 
fon,  and  of  the  two  names  fo  propofed,  one  flial)  be 
drawn  by  lot  in  the  prefence  of  the  four  original 
commiffioners.  When  the  five  commiffioners  thus 
appointed  fnall  firfl  meet,  they  fhall,  before  they 
proceed  to  a<St,  rcfpe^Slively  t.ike  the  following  oath 
or  affirniation,  in  the  prefence  of  each  other,  which 
oath  or  aftirmation  being  fo  taken  and  duly  attefled, 
fhall  be  entered  on  the  record  of  their  proceedings, 
"  I,  J,  B*  one  of  the  commiffioners  appointed 
in  purfuance  of  the  fixth  article  of  the  treaty  of 
amity,  commerce,  and  navigation^  \  twcen  his 
Britannic  majefly  and  the  United  States  of  Ame- 
rica, do  folemnly  fwear,.  or  affirm^  that  I  will 
honeftly,  diligently,  impartially,  and  carefully 
examine,  and  to  the  befr  of  my  judgment,  ac- 
cording to  juflice  and  equity,  decide  all  fuch  com- 
plaints, as,,  wider  the  faid  article^,  fhall  be  prcfcrr- 


Viz. 


it 


it 

K 
i( 
(I 
4i 
ii 
i« 


c-  n  1 


•*  ed  to  the  faidcommifiioncrs :  and  tliat  I  will  for- 
*^  bear  to  a6t  as  a  commiffioncr,  in  any  cafe  in 
^  which  I  may  be  perfonally  interefttd." 

Three  of  the  faid  commiflioners  fhall  conftitute  a 
board,  and  fhall  have  power  to  do  any  adt  apper- 
taining to  the  faid  commiflion,  provided  that  one  of 
the  commiiBoners  named  on  each  fide,  and  the  fifth 
commiilioner  fhall  be  prefent,  and  all  dcciiions  fhall 
be  made  by  the  majority  of  the  voices  of  the  commif- 
fioners  then  prefent.  Lighteen  months  from  the  dar 
on  which  the  faid  commifiioners  fhall  form  a  board, 
and  be  ready  to  proceed  tobudncfs,  are  affigncd  for 
receiving  complaints  and  applications  ;  but  tliey 
are  neverthelefs  authorifed  in  any  particular  cafes  in 
which  it  fhall  appear  to  them  to  be  reafbnable  and 
juit,  to  extend  the  fame  term  of  eighteen  months  for 
any  term  not  exceeding  fix  months,  after  tl^  expi- 
ration thereof.  The  faid  commifTioners  fhall  firfl 
meet  at  Philadelphia,  but  they  fliall  have  power  to 
adjourn  ^om  place  to  place  as  they  fhall  fee  caufe. 

The  faid  commiflioners  in  examining  the  com- 
plaints and  applications  fo  preferred  to  them,  are 
empowered  and  required,  in  purfuance  of  the  true 
intent  and  meaning  of  this  article,  to  take  into  their 
confideration  all  claims,  whether  of  principal  orin- 
terefl,  and  balances  of  principal  or  interefl:,  to  deter- 
mine the  fame  refpc6tively,  according  to  the  merits 
of  the  feveral  Cafes,  due  regard  being  had  to  all  the 
circumfhirtces  tliereof,  and  as  equity  and  juftice 
fliall  appear  to  them  to  require.  And  the  faid  com- 
miflioners  fhall  have  power  to  examine  all  fuch  per- 
fons  as  fliall  come  before  them,  on  oath  or  affirma- 
tion, touching  the  premifes  ;  and  alfo  to  receive  in 
evidence  according  as  they  may  think  moflconfifl-, 
ent  with  equity  and  juflice,  all  written  depofitions, 
or  books,  or  papers,  or  copies,  or  extracts  thereof 


li 


■ :  I 


;i  r 


i,*^  1,.^, 


every  fuch  depofition,  book,  or  paper,  of  extra^, 
being  duly  authenticated,  either  according  to  the  le- 
gal forms  now  refpedtively  exifling  in  the  twe 
countries,  or  in  fuch  other  manner  as  the  faid  corn- 
mi  flioners  {hall  fee  caufe  to  require  or  allow. 

The  award  of  the  faid  conimiilioners  or  of  any 
three  of  them  as  aforefaid,  fliall  in  all  cafes  be  final 
and  conclufivc,  both  as  to  the  juftice  of  the  claim, 
and  to  the  amount  of  the  fum  to  be  paid  to  the  cre- 
ditor or  claimant :  and  the  United  States  undertake 
to  caufe  the  fum  (o  awarded  to  be  paid  in  fpecie  to 
fuch  creditor  or  claimant  without  dedudlion;  and 
at  fuch  time  or  times,  and  at  fuch  place  or  places  as 
fhall  be  awarded  by  the  faid  commiflioners  ;  and  on 
condition  of  fuch  releafjs  or  affienments  to  be  given 
by  the  creditor  or  claimant,  as  oy  the  faid  commif- 
fioners  may  be  directed :  provided  always,  that  no 
fuch  payment  fhall  be  fixed  by  the  faid  commif- 
fioners  to  take  place  fooner  than  twelve  months 
from  the  day  of  the  exchange  of  the  ratifications  of 
this  treaty.  '     v^*  •  t 

ARTICLE  VII. 

Whereas  complaints  have  been  made  by  divers 
merchants  and  others,  citizens  of  the  United  States, 
that  during  the  courfb  of  the  war  in  which  his  ma- 
jefly  is  now  engaged,  they  have  fuflained  confidera- 
hle  lofTes  and  damage,  by  reafon  of  irregular  or  il- 
legal captures  or  condemnations  of  their  veflels  and 
other  property,  under  colour  of  authority  or  com- 
miffions  from  his  majefly ;  and  that  from  various 
drcumftances  belongmg  to  the  faid  cafes,  adequate 
compenfation  for  the  loffes  and  damages  fo  fuflained 
cannot  now  be  actually  obtained,  had  and  received 
by  the  ordinary  courfe  of  judicial  proceedings  ;  it  is 
agreed,  that  in  all  fuch  cafes,  where  adequate  com- 
penfation cannot,  for  whatever  reafon,  be  now  a6lu- 


of 


•  the  le- 
he  tw0 
id  com- 
• 

of  any 
be  final 

claim, 
^he  cre- 
dertake 
pecie  to 
n;  and 
laces  as 
and  on 
e  given 
ommif- 
that  no 
ommif- 
months 
ions  of 


divers 
States, 
is  ma- 
fidera- 
•  or  il- 
:Is  and 
com- 
arious 


C    «s   ] 

^lly  obtained,  had  and  received  by  the  fuid  merchanf« 
and  others  in  tke  ordinary  courfc  of  juftice,  full  and 
complete  compenfation  for  the  fame  will  be  made  by 
the  Britifli  Government  to  the  faid  complainants. 
B  ut  it  is  di{lin6lly  iinderftood  that  this  provifion  is  not 
to  extend  to  fuch  lofles  or  damages  as  have  been 
occafioned  by  the  manifed  delay  or  negligence,  or 
wilful  omifllon  of  the  claimants. 

That  for  the  purpofc:  of  afcertaining  the  amount 
of  any  fuch  loffes  and  damages,  five  commiffioncrs 
fhall  be  appointed  and  authorifed  to  a6Kin  London, 
exactly  in  the  manner  dire£icxl  with  rcfpcvSt  to  thofs 
mentioned  in  the  preceding  article,  and  after  having 
taken  the  fame  oath  or  affirmation  (mutatis  mutamJis) 
the  fame  term  of  eighteen  months  is  alfo  ailigned  for 
the  reception  of  claims,  and  they  are  in  like  manner 
authorifed  to  extend  the  fame  in  particular  cafes. 
They  fhall  receive  teftimony,  books,  papsrs,  and 
evidence  in  the  fame  latitude,  and  exercife  the  like 
discretion  and  powers  refpedting  that  fubjr^ct ;  and 
fhall  decide  the  claims  in  qucftioA  according  to  the 
merits  of  the  feveral  cafes,  and  to  juftice,  equity, 
and  the  laws  of  nations.     The  award  of  the  faid 
commiffioners,  or  any  fuch  three  of  them  as  afore- 
faid,  fhall,  in  all  cafes,  be  final  andconclufive,  both 
as  to  the  juflice  of  the  claim  and  the  amount  of  the 
fum  to  be  paid  to  the  claimant ;  and  his  Britannic 
majcfty  undertakes  to  caufe  the  fame  to  be  paid  to 
fuch  claimant  in  fpecie,  without  any  d^dud^ion,  at 
fuch  place  or  places,  and  at  fuch  time  or  times  as 
fhall  be  awarded  by  the  faid  commiifioners,  and  oa 
condition  of  fuch  reieafis  or  af?ienments  to  be  given 
by  the  claimants,  as  by  the  faidcommiffioners  may 
bcdtredled.       ^    ^.,w,».     v. 

And  whereas  certain  merchants  and  others  his 
Majefty's  fubjcSts  complain,  that  in  the  co^rfe  of  the 


'1 


%'■ 


r 


'  k 


I  ■■^:- 


[     i6    ] 

war  they  have  Aiftained  lofs  aiid  damage,  by  reafon 
<yf  the  capture  of  the  veiTels  and  merchandize,  taken 
within  the  limits  and  jurifdidtion  of  the  dates  and 
brought  into  the  ports  of  the  fame,  or  taken  by 
vcfTets  originally  armed  in  ports  of  the  faid  ftates : 

It  is  agreed  that  in  all  fuch  cafes  where  reftituti- 
on  fhall  not  have  been  made  agreeably  to  the  tenor 
of  the  letter  from  Mr.  JefFerfon  to  Mr.  Hammond, 
dated  at  Philadelphia,  Sept.   5,   1793,  a  copy  of 
which  is  annexed  to  this  Treaty  ;  the  complaints  of 
the  parties  fhall  be  and  hereby  are  referred  to  the 
comiiiiilioners  to  be  appointed  by  virtue  of  this  ar- 
ticle, who  are  hereby  authorized  and  required  to 
proceed  in  the  like  manner  relative  to  thefe  as   to 
the  other  cafes  committed  to  them  ;  and  the  United 
States    undertake  to  pay  to  the  complainants  or 
claimants  in  fpecie,  without  dedu6Hon,  the  amount 
of  fuch  fums  as  fhall  be  awarded  to  them  refpeftive- 
ly  by  the  faid  commifiioners,  and  at  the  times  and 
places  which  in  fuch  awards  fhall  be  ^>ecified  ;  and 
on  condition  of  fuch  releafcs  or  alignments  to  be 
given  by  the  claiuiants  as  in  the  faid  awards  may 
be  directed  :  And  it  is  further  agreed,  that  not  only 
the  now  exiftmg  cafes  of  both  defcriptions,  but  alfo 
all  fuch  as  fhall  exift  at  the  time  of  exchanging  the 
ratifications  of  this  treaty,  fhall  beconfidered  as  be- 
ing within  tlie  provifions,  intent,  and  meaning  of 
this  article.  '      *  ";•:         | 


■*  i 


,         ,   ,    ARTICLE  VIIL 

- '■^■^-   ''■■    -'■■  . 

It  16  further  agreed,  that  the  commi/Soners  men- 
tioned in  this  and  in  the  two  preceding  articles,  fhall 
be  refpedtively  paid  in  fuch  manner  as  fhall  be  a- 
greed  between  the  two  parties  ;  fuch  agreement  bc- 
i.ig  to  be  fettled  at  the  time  of  the  exchange  of  the 
ratifications  of  this  treaty.  And  all  other  expences 
attending  the  faid  commillions  fhall  be   ddrayed 


[     '7     ] 


y  reafun 
;,  taken 
ites  and 
ken  by 
:ates : 
eftituti- 
:he  tenor 
mmond, 
copy  of 
laints  of 
d  to  the 
this  ar- 
uired  to 
e  as  to 
:  United 
lants  or 
amount 
pe£live- 
pr»es  and 
;d  ;  and 
ts  to  be 
ds  may 
ot  only 
ut  alfo 
ing  the 
as  be- 
ling  of 


men- 

„  fhall 

be  a- 

[nt  bc- 

lof  the 

?nces 
frayed 


jointly  by  the  two  parties,  the  fame  being  previouf- 
iy  aicertained  and  allowed  by  the  majority  of  the 
commillioners.  And  in  the  cafe  of  death,  ficknefs, 
or  neccffary  abfence,  the  place  of  every  fuch  com- 
miflioner  refpecSlively  lliall  be  fupplied  in  the  fame 
manner  as  fuch  commiffioner  was  firft  appointed, 
and  the  new  commiffioners  fhall  take  the  fame  oath' 
or  affirmation,  and  do  the  fame  duties.  ' 

ARTICLE  IX.  I 

It  is  agreed  that  Britifh  fubjecSts  who  now  hold  J 
lands  in  th;;  territories  of  the  United  States,  and 
American  citizens  who  now  hold  lands  in  the  domi- 
nions of  his  Majefty,  fhall  continue  to  hold  them' 
according  to  the  nature  and  tenure  of  their  refpec- 
tive  eflates  and  titles  therein ;  and  may  grant,  fell 
or  devife  the  fame  to  whom  they  pleafe,  in  like  man- 
ner as  if  they  were  natives  ;  and  that  neither  they 
nor  their  heirs  or  affigns  fhall,  fo  far  as  may  refpe*^ 
the  faid  lands  and  the  legal  remedies  incident  there« 
to,  be  regarded  as  aliens. 

ARTICLE  X. 

Neither  the  debts  due  from  individuals  of  theon^ 
nation  to  individuals  of  the  other,  nor  fhares,  nor 
monies  which  they  may  have  in  the  public  funds,  or 
in  the  public  or  priiate  banks,  fhall  ever  in  any 
event  of  war  or  national  differences,  be  (equeflere^ 
or  confifcated,  it  being  unjufl  and  impolitic  that 
debts  and  engagements  contracted  and  made  by  in-» 
dividuals  having  confidence  in  each  other,  and  in 
their  refpedlive  governments,  fhould  ever  be  dcy^ 
flroyed  or  impaired  by  national  authority  on  account 
of  national  differences  and  difcontents. 

ARTICLE  XL 
It  is  agreed  between  his  Majefly  and  the  United 
States  of  America,  that  there  fhall  be  a  reciprocal 


li: 


if, 


^■M 


and  entirely  peifeJl  liberty  of  navigation  and  corrv- 
•nuTCc  between  their  rcfpeftive  people,  in  the  man- 
ner, under  the  limitations  and  on  theconiditions  fpc- 
ciliedir.  the  following  articles  :  >  r;:  :.  t. 

:.  ARTICLE  XII. 

His  Majefty  confents  that  it  (hall  and  may  be 
'lawful  during  the  time  hercjn  after  limited,  for  th^ 
citizens  of  the  United  States  to  carry  to  any  of  his 
Majefty's  iflands  and  ports  in  the  Weft-Indies  from 
the  United  States,  in  their  own  veflels,  not  bein  »■ 
above  the  burthen  of  feventy  tons,  any  goods  or 
merchandizes  being  of  the  growth,  manufadture  or 
produce  of  the  faid  States,  which  it  is  or  may  be 
Jawful  to  carry  to  the  faid  iilands  or  ports  from  the 
faid  ftates  in  Britifh  veiTels ;  and  that  the  faid  Ame- 
rican veflels  Ihall  be  fubje£l  there  to  no  otlier  or 
^^igher  tonnage  duties  or  charges,  than  fhall  be  pay- 
able by  BritifJi  veflels  in  the  ports  of  the  United 
States  ;  and  that  the  cargoes  of  the  faid  American 
veflels  fliall  be  fubjedl  there  to  no  other  or  higher 
duties  or  charges,  than  fliall  be  payable  on  the  like 
articles. if  imported  there  from  the  faid  fl:ates  in  Bri- 
tiftiveflels»  .:W/  ..^      ...^   . 

/And  his  Majefty  alfb  confents,  that  it  flb^all  be 
lawful  for  the  faid  American  citizens  to  purchaU*, 
load,  and  carry  away  in  their  faid  vefl^els  to  the  Unit- 
ed States  from  the  faid  iflands  and  ports,  all  fucli 
articles  being  of  the  growth,  manufaflurf  or  pro- 
duce of  the  faid  iflandp,  as  may  now  by  law  be  car- 
ried from  thence  to  the  faid  fl:i;Ltes  in  Britifli  veflelf, 
and  fiibjed^  only  to  the  fame  duties  and  charges  on 
exportation,  to  which  Britifli  veflels  and  their  car- 
goes are  or  fliall  be  fiibjedl  in  fimilar  circiimftancep. 

Provided  always,  that  the  faid  American  veflels 
Bocarry  and  land  their  cargoes  in  the  United  States 
fllly>  it  being  exprtfsly  agreed  and  declared,  that 


[     '9    ] 

during  the  continuance  of  this  article,  the  United 
States  will  prohibit  and  reftrain  the  carrying  away 
?.ny  molafl'es,  fugar,  coffee,  cocoa  or  cotton  in  A- 
morican  veiTels,  either  from  his  Majeftv's  iHands^, 
or  from  the  United  States  ta  any  part  of  the  world 
except  the  United  States,  reafonablc  fea  ftores  ex- 
cepted. Provided  alfo,  that  it  (hall  and  may  be 
lawful,  during  the  fame  period,  for  Britidi  vefTels 
to  import  from  the  faid  iflnnds  into  the  United  States, 
and  to  export  from  the  United  States  to  the  faid 
iflands,  all  articles  whatever  being  of  the  growth, 
produce  or  manufa£lure  of  the  faid  iflands,.  er  of  the 
United  States  refpedlively,  which  now  may,  by. 
the  laws  of  the  faid  ftates,  be  fo  imported  and  ex- 
ported. And  that  the  cargoes  of  the  faid  Brltifh 
vefTels  (hall  be  fubjedl  to  no  other  or  higher  duties 
or  charges,  than  Ihall  be  payable  on  the  fame  arti- 
cles if  fo  imported  or  exported  in  American  veflHs. 

It  is  agreed  that  thi-s  article  and  every  matter  and 
thing  therein  contained,  (hall  continue  to  be  in  forc« 
during  the  continuance  of  the  war  in  which  his  Ma- 
je^y  is  now  engaged;  and  alfb  for  two  years  froii* 
and  after  the  day  of  the  flgnature  of  the  prtiliminary 
or  other  articles  of  peace,  by  which  the  fame  may 
be  terminated.  ,•>--• 

And  it  is  further  agreed,  that  at  the  expiration 
of  the  faid  term,  the  two  contracting  parties  will 
endeavour  further  to  regulate  their  coiDmerce  in 
this  refpedl  according  to  the  fituation  in  which  big 
Majefiv  may  then  hnd  himfelf  with  refpe6t  to  the 
Wefl-Indies,  and  with  a  view  to  fuch  arrangements 
as  may  befl  conduce  to  the  mutual  advantage  and 
exteniion  of  commerce.  And  the  faid  parties  will 
then  alfo  renew  their  difcuffions,  and  endeavour  to 
agree,  whether  in  any  and  what  cafes,  neutral  vef- 
fels  fhall  protect  enemy's  property ;  and  in  what 


\i: 


m 


vfeflpflp^ 


[      20      ] 

cafes  provifions  and  other  articles,  not  generally 
contraband,  may  become  fuch.  But  in  the  mean 
time  their  condudl  towards  each  other  in  thefe  ref- 
pedis,  (hall  be  regulated  by  the  articles  herein  after 
inferted  on  thofe  fubjedts.  .  >  '* »  *, ?  .> . 

^     -  -'^       ARTICLE  XIII.  '-     ^^ 

*  His  Majefty  confents  that  the  vcflels  belonging 
to  the  citizens  of  the  United  States  of  America,  fhall 
be  admitted  and  hofpitably  received,  in  all  the  fea- 
ports  and  harbours  of  the  Britifh  territories  in  the 
J£afl-Indies.  And  that  the  citizens  of  the  faid 
United  States,  may  freely  carry  on  a  trade  between 
the  faid  territories  and  the  faid  United  States  in  all 
articles  of  which  the  importation  or  exportation  re- 
fpedtively,  to  or  from  the  faid  territories,  fhall  not 
be  entirely  prohibited.  Provided  only,  that  it  (hall 
not  be  lawful  for  them  in  any  time  of  war  between 
the  Britifh  government  and  any  other  power  or  flate 
whatever,  to  export  from  the  laid  territories,  with- 
out the  fpecial  permifTion  of  the  Britifh  government 
there,  any  military  flores,  or  naval  flores,  or  rice. 
The  citizens  of  the  United  States  fhall  pay  for  their 
vcflels  when  admitted  into  the  faid  ports  no  other  or 
higher  tonnage  duty  than  fhall  be  payable  on  Britifli 
vefTels  when  admitted  into  the  ports  of  the  United 
States.  And  they  fhall  pay  no  other  or  higher  du- 
ties or  charges,  on  the  importation  and  exportation 
of  the  cargoes  of  the  faid  vefTels,  than  fhall  be  paya- 
ble on  the  fame  articles  when  imported  or  exported 
in  Britifh  veflels.  But  it  is  exprefsly  agreed,  that 
the  vefTels  of  the  United  States  fhall  not  carry  any 
of  the  articles  exported  by  them  from  the  faid  Bri- 
tifh territories,  to  any  port  or  place,  except  to  fome 
port  or  place  in  America,  where  the  fame  fhall  be 
unladen,  and  fuch  regulations  fliall  be  adopted  by 
both  parties,  as  fhall  from  time  to  time  be-found  ne- 


\ 


[      21      ] 

cJury  to  enforce  the  due  and  faithful  obfervance  of 
this  (lipulation.  It  is  alfo  underftooJ  that  the  per- 
niiflion  granted  by  this  article,  is  not  to  extend  to 
allow  the  veflels  of  the  United  States  to  carry  on  a- 
ny  part  of  the  coafting  trade  of  the  faid  Britim  ter- 
ritories ;  but  vefll'ls  going  with  their  original  car- 
goes, or  part  thereof,  from  one  port  of  difcharge  to 
another,  are  not  to  be  confidered  as  carrying  on  the 
coafting  trade.  Neither  is  this  article  to  be  con- 
ftrued  to  allow  the  citizens  of  the  faid  ftates  to  fettle 
or  refide  within  the  faid  territories,  or  to  go  into  the 
interior  parts  thereof,  without  the  per  mi  fH  on  of  the 
Britifh  government  eftablilhed  there ;  and  if  any 
tranfgreflion  fhould  be  attempted  againft  the  regu- 
lations of  the  Britifti  government  in  this  refpetSl,  the 
obfervance  of  the  fame  fhall  and  may  be  enforced 
againft  the  citizens  of  America  in  the  fame  manner 
as  againft  Britifh  fubjedls  or  others  tranfgrefling  the 
fame  rule.  And  the  citizens  of  the  United  States 
whenever  they  arrive  in  any  port  or  harbour  in  the 
faid  territories,  or  if  they  fhould  be  permitted  in 
manner  aforefaid,  to  go  to  any  other  place  therein, 
fhill  always  be  fubjeS  to  the  laws,  government  and 
jurifi.)i6tk)n  of  what  nature  eftabliflied  in  fuch  har- 
bour, port  or  place,  according  as  the  fame  maybe. 
The  citizens  of  the  United  States,  may  alfo  touch 
for  rcfrtfhment  at  the  ifland  of  St.  Helena,  but  fub- 
ject  in  all  refpedts  to  fuch  regulations  as  the  Britifh 
government  may  from  time  to  time  eftablifh  there. 

ARTICLE  XIV.     ' 

There  fhall  be  between  all  the  dominions  of  his 
Majefty  in  Europe  and  the  territories  of  the  United 
States,  a  reciprocal  and  perfe6l  liberty  of  commerce 
and  navigation.  The  people  and  inhabitants  of  the 
two  countries  refpe6lively,  fhall  have  liberty  freely 

\^   *>  ... 


-'H 


V 


I! 


V 


t    "   J 

and  fecurely,  and  without  hindrance  and  moleftati- 
on,  to  come  with  their  fliips  and  carg(x.*s  to  the 
lands,  countries,  cities,  poits,  places,  and  rivers, 
within  the  dominions  and  territories  afore faid,  to 
enter  into  the  fainc,  to  rcfort  there,  and  to  remain 
and  refide  there,  without  any  limitation  of  tiiiK*. 
Alfo  to  hire  and  pofTefe  houfes  and  warehoufcs  for 
the  purpofes  of  their  commerce,  and  generally  the 
merchants  and  traders  on  each  fide,  fhall  enjoy  the 
mofl  complete  prototStion  nnd  fecuiity  for  their  com- 
merce i  but  luDJe<E^  always  as  to  wnat  re(pe<^s  this 
artickj  to  the  laws  and  llatutcs  of  the  two  coun- 
tfigs  rei^K^ivcIy. 

V  '     ARTICLE  XV. 

'  It  is  agreed  that  no  other  or  higher  duties  fhall  be 
paid  by  the  fl^ips  or  merchandize  of  the  one  party 
in  ihte  (jorts  of  tlic  oth<?f,  t*iEn  fuch  as  arc  paid  by 
t'hc  like  veffels  or  merchandize  of  all  Other  nations. 
Nor  ftiall  nny  othef  or  hi»;h^  duty  be  impofed  in 
one  tbuntry  on  tlie  importation  of  any  irtitles  of  the 
g:ro^Hi,  J>roduct  of  mafiufn^^ure  of  the  other,  than 
ire  tfr  ^a!l  bepiiyab!e  on  the  Importation  of  the  like 
articles  being  tx  the  growth,  produce  or  manufac- 
tiii-e  c^  ahy  bther  foreign  t?6iintry.  Nor  fliall  any 
prbhibittoii  be  improf:d  6h  the  exportation  or  im- 
portatkwi  of  anjr  artfcles  to  or  fr6m  the  territories 
of  the  two  parties  refped^Wely,  which  fhall  not 
c^uall)'  extetfd  to  all  oth^  nations. 

But  the  Britilh  gbvetiiWIem  referves  to  itfelf  the 
light  of  irnpoTing  cxi  American  vefTels  entering  into 
the  BritifK  ports  in  Europe,  a  tonnage  duty  equal 
to  that  which  fhall  be  payable  by  Britifli  veflels  in 
the  ports  of  America  :  Artd  alio  fuch  duty  as  may 
bfc  adequate  to  ecuuteirVail  the  difference  of  duty 
^w  j>liyable  on  the  imp6rtution  of  European  and 


■  nj  r  >  r?i 


/:■ 


.  '■■-»' 


« 


.•» 


i 


[      23       ] 

Afiiuic  ro'jds,  whcii  imiv)rt«;d  into  the  UnitL*cI  States 
in  Britifh  or  in  /American  vcHlls. 

The  tw(j  p  '.rties  .ir  rce  to  treat  for  tht  more  cxa«^ 
equalization  ui  the  duties  on  the  rcfpctS^ivc  navigiiti- 
on  of  their  fubjcdls  and  people,  in  fi-ch  manner  as 
may  bLMiioft  beneficial  to  the  two  countries.  'I'hc 
arrangements  f>r  this  purpofc  fli.ill  be  made  at  the 
finie  time,  with  thofj  mentioned  at  the  cone] iifion 
of  the  twelfth  article  of  this  treaty,  and  arc  to  be 
confidered  as  a  part  thereof.  In  the  int?rval  it  is 
apTccd,  that  the  United  States  will  not  impofcany 
new  or  additional  tonnnr^:  duties  on  Brilifh  voilels,- 
nor  iiKTcafe  the  now  fubfifHng  diRerence  betv\a;eri 
the  duties  payable  on  the  importation  of  any  articles 
in  D.iiilh  or  in  American  veflels. 

ARTICLE  XVI. 

It  (hall  be  free  for  the  two  contracting  parties, 
rcrpwdively  to  appoint  confuls  for  the  protviclion  of 
trade,  to  refide  i:i  the  dominions  and  territories  afore- 
laid  j  and  the  faid  confuls  lliall  enjoy  thof^,*  liberties 
and  rights  which  belong  to  them  by  rea((3n  of  t};cir 
function.  But  before  any  conful  mail  a«5l  as  ft-ch, 
he  fhall  be  in  the  ufual  forms  approved  and  admitted 
by  the  party  to  whom  he  is  fent ;  and  it  is  hereby  de- 
clared to  be  lawful  and  proper,  tliat  in  cafe  of  illegal 
or  improper  conduct  towards  the  laws  or  govern- 
ment, a  conful  may  either  be  punidicd  according  to 
law,  if  the  laws  will  reach  the  cafe,  or  be  d.^mifled, 
€r  even  fcnt  back,  the  ofFended  government  aflign- 
ing  to  the  other  their  reafons  for  the  fame. 

Either  of  the  parties  may  except  from  the  refi- 
dence  of  confuls  fuch  particular  places,  as  fuch  party 
fhall  j  udge  proper  to  be  fo  excepted. 

ARTICLE  XVII. 

It  is  agreed,  that  in  dl  cafes  where  veflels  fl\a!l 
be  captured  or  detained  on  jufl  fufpicion  of  having  on 


I,. 


}' 


•I, 


p 


■5  r-'"-  -■  ■■  f  ff'^"'!'/' 


N- 


t     24     ] 


i   i 
1  i' 


111 


;i  ^'t- 

; !    |i  r 


f* 


board  enemy's  property,  or  of  carrying  to  tiie  enemy 
r.ny  of  the  articles  which  are  contraband  of  war  ; 
the  faid  vefTel  fhall  be  brought  to  the  neareft  or  moft 
convenient  port ;  and  if  any  property  of  an  enemy 
fhould  be  found  on  board  fuch  veflel,  that  part  only 
which  belongs  to  the  enemy  fhall  be  made  prize, 
and  the  vcflcl  fliall  be  at  liberty  to  proceed  with  the 
remainder  without  any  impediment.  And  it  is  a- 
greed,  that  all  proper  mcafures  fhall  be  taken  to 
prevent  delay,  in  deciding  the  cafes  of  fhips  or  car- 
goes f)  brought  in  for  adjudication  -,  and  in  the  pay- 
ment or  recovery  of  any  indemnification,  adjudged 
or  agreed  to  be  paid  -to  the  mafters  or  owners  of 
fuch  fhips.    i^■r'^         '         '  -  •    ^  >*    -^^ 

'      •        ARTICLE  XVIII.  -      - 

In  order  to  regulate  what  is  in  future  to  ba 
deemed  contraband  of  war,  it  is  agreed,  that  under 
the  faid  dcnooMnation  fh^iU  be  comprifed  all  arms 
and  implements  ferving  for  the  purpofes  of  war,  by 
land  or  fea,  fuch  as  r^inon,  mufkets,  mortars,  pe- 
tards, bombF,  grenadoes,  carcalTes,  faucifles,  carri- 
ages for  cannon,  muf/cets  rcfls,  bandoliers,  gunpow- 
der, match,  falt-petre,  ball,  pik?s,  fuv:rds,  head 
pieces,  cuiraflbs,  halberts,  lancc^,  jvivcliiis,  horfe 
furniture,  holders,  belts,  and  generally  all  other  im- 
plements of  war;  as  alfo  timber  for  fhip-building, 
tar  or  rozin,  copper  in  iheets,  fails,  hemp  and  cord- 
age, and  generally  whatever  may  f^rve  diiC'^ly  to 
the  equipment  of  vefTels,  unwroiight  iron  and  fir 
planks  ojily  excepted;  and  all  the  above  articles 
are  hereby  declared  to  be  ju ft  objedts  of  confifcation, 
whenever  they  -are  attempted  to  be  carried  to  an 
enemy. 

And  whereas   the  difficulty  of  agreeing  on  the 

precife  cafes  in  which  alone  provifions  and  other  ar- 

,  tklcs  not  generally  contraband  may  be  regarded  as 


fv.- 


,^  t^~\  it*.'-  if'', 


.* 


¥  : 


■.¥-■'  .',-■ 


[      25      ]; 

fuch,  renders  it  expedient  to  provide  againfl  the  iii- 
toiiveniencies  and  mifunderftandinirs  which  mii^ht 
thence  arife:  It  is  further  agreed,  that  whenever 
liny  fuch  articles  fo  becoming  contraband  according 
to  the  exifting  laws  of  Nations,  Ihall  for  thatreafon 
be  feized,  the  fame  (hall  not  be  confifcated,  but  the 
owners  thereof  fhall  be  fpeedily  and  complete!  v  in- 
demnified ;  and  the  captors,  or  in  their  default  the 
government  under  whofe  authority  they  act,  fhall 
pay  to  the  mafters  or  owners  of  fuch  velFels  the  full 
value  of  all  articles,  with  a  reafonable  mercantile 
profit  thereon,  together  with  the  freight,  and  alfo 
the  demurrage  incident  to  fuch  detention. 

And  whereas  it  frequently  happens  that  veflels 
fail  for  a  port  or  place  belonging  to  an  enemy,  with- 
out knowing  that  the  fame  is  either  befieged,  block- 
aded or  invefted ;  it  is  agreed,  that  every  velTcl  fo 
circumflanced  may  be  turned  away  from  fuch  port 
or  place,  but  fhe  ihall  not  be  detained,  nor  her  car- 
go, if  not  contrabrand,  be  confifcated,  unlefs  after 
notice  fhe  fhall  again  attempt  toenter;  but  fhe  fhall 
be  permitted  to  go  to  any  other  port  or  place  fhe 
may  think  proper :  Nor  fliall  any  vefTel  or  goods  of 
either  party,  that  may  have  entered  into  fuch  port 
or  place,  before  the  fame  was  befieged,  blockaded 
or  invefled  by  the  other,  and  be  found  therein  after 
the  reduction  or  furrender  of  fuch  place,  be  liable  to 
confifcation,  but  fhall  be  reflored  to  the  owners  or 
proprietors  thereof.  /.*. 

ARTICLE  XIX. 

■  And  that  more  abundant  care  be  taken  for  the  fe- 
curity  of  the  refpedtive  fubje^ts  and  citizens  of  the 
contradting  parties,  and  to  prevent  their  fufFtring 
injuiics  by  the  men  of  war,  or  privateers  of  either 
p:aty,  all  commanders  of  fhips  of  war,  privateers  and 
i.ll  others  the  faid  fubjciSts  and  citizens,  fliali  forbcai: 


I 


P^'m 


u 


.i 


V    I 


J< 


.-/ 


"■.•T»-  ■ 


U' 


:.*■ 


X  [     26     ] 

dolnj^  sny  damage  to  thofe  of  the  other  party,  or 
committing  any  outrage  againft  them,  aiid  if  they 
:.iCt  to  the  contrary,  they  Ihall  be  punifhed,  and 
fiiall  alfo  be  bound  in  their  perfons  and  eftates  to 
in  alee  fati:f'a6lion  and  reparation  for  all  damages, 
una  the  interefl  thereof,  of  whatever  nature  the  faid 
damages  may  be.  ''  "      '".      --^       •  -  >• 

For  this  cauf^i  all  commanders  of  privateers,  be- 
fore they  receive  their  commifiions,  /hall  hereafter 
hd  obliged  to  give  before  a  competent  judge,  fuffici- 
cnt  fecurity  by  at  leaft  tv^o  refponfible  furetics,  v/ho 
have  no  intereft  in  the  faid  privateer,  each  of  whom, 
tos;ether  with  the  faid  commander,  fhall  be  jointly 
r.n^  feverally  bdUnd  in  the  fum  of  fifteen  hundred 
pounds  fteriing,  or  if  fuch  fhips  be  provided  with 
sihove  one  hundred  and  fifty  leamen  or  foldiers,  in 
the  fum  of  three  thoufand  pounds  fterling,  to  fatisfy 
r.li  damages  and  injuries,  which  the  faid  privateer, 
or  her  officers  or  men,  or  any  of  ther.-^  may  do  or 
commit  during  their  cruife,  contrary  to  the  tenor 
of  this  treaty,  or  to  the  laws  and  inftru£l:ions  for  re- 
gulating their  condudt;  and  further,  that  irt  d\\  Ca- 
fes of  aggreffions  the  faid  commifliorts  /hall  be  re- 
voked and  annulled. 

It  is  alfo  agreed  that  whenever  a  judge  of  a  court 
of  admiralty  of  either  of  the  parties,  fhall  pronounce 
fentence  againft  any  velTel,  or  goods  or  property 
belonging  to  the  fubj sells  or  citizens  of  the  other 
party,  a  formal  and  duly  authenticated  copy  of  all 
the  proceedings  in  the  caufe,  and  of  the  faid  fen- 
tence,  fhall,  if  required,  be  delivered  to  the  com- 
mander of  the  faid  vefTel,  without  the  fmallefl  de- 
lay, he  paying  all  legal  fees  and  demands  for  the 
fame. 

1     , 


1'' 


'1  jyr'     ;i' 


•  -r--;-. 


■    *^  .-       ARTICLE  XX.    -      * 

It  is  furtheragreed  that  both  the  faiJ  contrix^^^jn^y 
particF,  fht.ll  not  only  rcMz  to  rec4.ive  any  pirates 
into  any  of  their  port?,  havens,  or  town<;,  or  }x^- 
mit  any  of  their  inhabitants  to  receive,  proted:,  har- 
bour, conceal  or  afllfl:  them  in  any  manner,  but  will 
bring  to  condign  punifhment  all  fuch  inhabitants  as 
(ball  be  guilty  of  fuch  a6ls  or  oiFences. 

And  all  their  fliips  with  the  goods  or  merchan- 
dizes taken  by  them  and  brought  into  the  port  of 
cither  of  the  faid  parties,  fliall  be  fcized  as  far  as 
they  can  be  difcovcred,  and  fliall  be  reflored  to  the 
ownerr,  or  their  factors  or  agent!},  duly  deputetl 
and  authorized  in  writing  by  them  (proper  evidence 
being  fif  ft  given  in  the  court  of  admiralty  for  prov- 
ing the  property)  even  in  cafe  fuch  efFe«5i:s  fhould 
have  palled  into  other  hands  by  fale,  if  it  be  proved 
that  the  buyers  knew  or  had  good  reafon  to  believe, 
or  fufpecl  that  they  had  been  piratically  taken. ^ 

;       ARTICLE  XXL      ^ 

It  is  likev/ife  agreed,  that  the  fubjecVs  and  citi- 
zens of  the  two  nations,  Ihall  not  do  any  a6][s  of 
hoftility  or  violence  againft  each  other,  nor  accept 
commiflions  or  initrutSioas  fo  to  act  from  any  fo- 
reign prince  or  ftate,  enemies  to  the  other  party ; 
nor  fhall  the  enemies  of  one  of  the  parties  be  permit- 
ted to  invite,  or  endeavour  to  enlii^  in  their  milita- 
ry fervice  any  of  the  fubjeci:s  or  citizens  of  the  other 
party ;  and  the  laws  againft  all  fuch  offences  and 
aggreilions  fiiall  be  pun<5i:ually  executed.  And  if 
any  fubje6l  or  citizen  of  the  Did  parties  refpeitive- 
Jy,  ftiall  accept  any  foreign  commiflion,  or  Ictteis 
of  marque,  for  arming  ^ny  vell'cl  toadl:  as  a  priva- 
teer againft  the  other  party,  and  be  taken  by  the 
©thcT  piu'ty,  it  is  h'Tcby  declared  tn  be  Ia^vful  for 


I 


x  ■ 


).. ;  y 


.  f^ 


p5 


'I 


i ' 


'f* 


M 


[     28    ] 

the  faid  party,  to  treat  and  punifh  the  faid  fubje£l  or 
citizen,  having  fuch  commiffion  or  letters  of  marque, 
as  a  pirate. 

ARTICLE  XXU/^'^C^'^'J,:" 

It  is  exprefsly  ftipulated,  that  neither  of  the  faid 
contracting  parties  will  order  or  authorize  any  adls 
of  reprizal  againft  the  other,  on  complaints  of  inju- 
ries or  damages,  until  the  faid  party  (hall  firft  have 
prefented  to  the  other  a  ftatement  thereof,  verified  by 
competent  proof  and  evidence,  and  demanding  juftice 
and  fatisfacSion,  and  the  fam^  Ihall  cither  have  been 
refufed  or  unreafonably  delayed.        -  ;  '    •■  •    ..  :; 

rv..  ARTICLE  XXIIL'     '   ^^'   '  '  ' 

The  fhips  of  war  of  each  of  the  contracting  par- 
ties (hall  at  all  times,  be  hofpitably  received  in  the 
ports  of  the  other,  their  officers  and  crews  paying 
due  refpect  to  the  laws  and  government  of  the 
country.  The  officers  fhall  be  treated  with  that 
refpeCt  which  is  due  to  the  commiffions  which  they 
bear,  and  if  any  infult  fhould  be  offered  to  them  by 
any  of  the  inhabitants,  all  offenders  in  this  refpecft 
fhall  be  puniihed  as  diflurbers  of  the  peace  and 
amity  between  the  two  countries. — And  his  majef- 
ty  confents,  that  in  cafe  an  American  veflel  fhould, 
by  ilrefs  of  weather,  danger  from  enemies  or  other 
misfortunes,  be  reduced  to  the  neceffity  of  feeking 
fhclter  in  any  of  his  majeffy's  ports,  into  which  fucS 
veflel  could  not  in  ordinary  cafes  claim  to  be  admit- 
ted, fhe  fhall,  on  manifefting  that  neceffity  to  the 
fatisfa6!:ion  of  the  government  of  the  place,  be  hof- 
pitably received  and  permitted  to  refit,  and  to  pur- 
chafe  at  the  market  price,  fuch  neceffaries  as  fhe 
may  flrand  in  need  of,  conformable  to  fuch  orders 
and  regulations  as  the  government  of  the  place, 
having  refpeCt  to  the  circumftances  of  each  cafe, 


■V    w. 


[     29    ] 

fliall  prefcribe.  She  (hall  not  be  allowed  to  break 
bulk  or  unload  her  cargo,  unlefs  the  fame  fliall  be 
bona  fide  neceflary  to  her  being  refitted.  Nor  (hall 
fhe  hi:  permitted  to  fell  any  part  of  her  cargo,  unlefs 
fo  much  only  as  may  be  necefTary  to  defray  her  ex- 
penccs,  and  then  not  without  the  exprefs  permif- 
fion  of  the  government  of  the  place.  Nor  fhall  fhe 
be  obliged  to  pay  any  duties  whatever,  except  only 
on  fuch  articles  as  fhe  may  be  permitted  to  fell  foe 
the  purpofe  aforefaid. 

...ARTICLE  XXIV.    1    •  -I  v^^ 

It  fhall  not  be  lawful  for  any  foreign  privateers 
(not  being  fubje6ls  or  citizens  of  either  of  the  faid 
parties )  who  have  commiflions  from  any  other  prince 
or  ftate  in  enmity  with  either  nation,  to  arm  their 
fhips  in  the  ports  of  either  of  the  faid  parties,  nor  to 
fell  what  they  have  taken,  nor  in  any  manner  to  ex- 
change the  fame ;  nor  fliall  they  be  allowed  to  pur- 
chafe  more  provifions,  than  fhall  be  necefTary  for 
their  going  to  the  nearefl  port  of  that  prince  or  flate 
from  whom  they  obtained  their  commiffions, 

'"^'^'^   ARTICLE  XXV. 

It  fhall  be  lawful  for  the  fhips  of  war  arid  priva- 
teers belonging  to  the  faid  parties  refpeftively,  to 
carry  whitherfover  they  pleafe,  the  fhips  and  goods 
taken  from  their  enemies,  without  being  obliged  to 
pay  any  fee  to  the  officers  of  the  admiralty,  or  to 
any  judges  whatever ;  nor  fhall  the  faid  prizes  when 
they  arrive  at,  and  enter  the  ports  of  the  faid  parties 
be  detained  or  feized ;  neither  fhall  the  fearchers  or 
other  officers  of  thofe  places  vifit  fuch  prizes,  (ex- 
cept for  the  purpofe  cSf  preventing  the  carrying  of 
any  part  of  the  cargo  thereof  on  more  in  any  man^' 
ner  contrary  to  the  eflablifhed  laws  of  revenue,  na- 
vigation, or  commerce)  nor  fhall  fuch  officers  take 
cognizance  of  the  validity  of  fuch  prizes;  but  they 


*    r 


'[    30    ] 

fliall  be  at  liberty  to  hoift  fail,  and  depart  as  (pee- 
dily  as  may  be,  and  carry  their  faid  prizes  to  the 
place  mentioned  in  their  commifHons  or  patents, 
which  the  commanders  of  the  faid  fliips  of  war  or 
privateers  fhall  be  obliged  to  /hew.     No  Iheltcr  or 
refuge  fhall  be  given  in  their  ports  to  fuch  as  have 
made  a  prize  upon  the  fubjedts  or  citizens  of  cither 
of  the  faid  parties;  but  if  forced  by  fl-refs  of  v/ea- 
ther,  or  the  danger  of  the  fea,  to  enter  therein,  par- 
ticular care  (hall  be  taken  tohaften  their  departure, 
and  to  caufe  them  to  retire  as  foon  as  ffofTiblc.    No- 
thing in  this  treaty  contained  (hall,  however,  be 
conftrued  or  operate  contrary  to  former  and  exift- 
ing  public  treaties  with  other  (bvereigns  or  ftates. 
But  the  two  parties  agree,  that  while  they  continue 
in  amity,  neither  of  them  will  in  future  make  any 
treaty  that  fhall  be  inconfiflcnt  with  this  or  the  pre- 
ceding article. 

Neither  of  the  faid  parties  fhall  permit  the  fhips 
or  goods  belonging  to  the  fubje6ts  or  citizens  of  die 
other  to  be  taken  within  cannon  fliot  of  the  coafl, 
nor  in  any  of  the  bays,  ports,  or  rivers  of  their  ter- 
ritories by  fhips  of  war,  or  others  having  commiili- 
"on  from  any  prince,  republic,  or  fla.e  vi^atever. 
But  in  cafe  it  fhould  fo  happen,  the  party  whofe 
territorial  rights  ihall  thus  have  been  violated,  fhall 
nfe  his  utmoft  endeavours  to  obtain  from  the  of- 
fending party,  full  and  ample  fatisfa6lion  for  the 
veflel  or  veflels  {o  taken,  whether  the  fame  be  vef- 
fels  of  war  or  merchant  ve/Tcls.  ^v 

If  at  any  time  a  rupture  fhould  take  place  (which 
God  forbid)  between  his  Majefly  and  the  United 
States,  the  merchants  and  others  of  each  of  the  two 
nations,  refiding  in  the  dominions  of  the  othery  fhall 
Jiaye  the  privilege  of  remaining  and  continuing  their 


"•*.?»-: 


[    31    } 

trade,  fo  long  as  they  behave  peaceably  and  commit, 
no  offence  againft  the  laws  j  and  in  cafe  their  con- 
duct fhoiild  render  them  fufpedled,  and  the  refpec- 
tive  governments  (hould  think  proper  to  order  them 
to  remove,  the  term  of  twelve  months  from  the 
publication  of  the  order  fhall  be  allowed  tliem  for 
that  purpofe,  to  remove  with  their  families,  efFedls 
ani  property;  but  t'is  favour  {hall  net  be  extended 
to  thofe  who  fliall  a*£t  contrary  to  the  eftablifhed 
laws  j  and  for  greater  certainty,  it  is  declared  that 
fuch  rupture  (hall  not  be  deemed  to  exift  while  ne- 
gociations  for  accommodating  differences  fliall  b« 
cfepending,  nor  until  the  refpc(Slive  ambaffadors  or. 
minifters,  if  fuch  there  (hall  be,  fliall  be  recalled, 
or  fent  home  on  account  of  fuch  differences,  and  not 
on  account  of  perfonal  mifconducSt,  according  to  the 
nature  and  degrees  of  whidi  both  parties  retain  their 
rights,  either  to  requeft  the  recall,  or  immediately 
to  fend  home  the  ambafl*ador  or  minifter  of  the  other ; 
and  that  without  prqudice  to  their  mutual  friend- 
fliip  and  good  underftanding,  -     t 

'    ^^      ARTICLE  XXVII. 


It  is  further  agreed,  that  his  Majefty  and  the 
United  States  on  mutual  requifitions,  by  them  re- 
fpedlively,  or  by  their  refpeftive  minifters  or  o/H- 
cers  authorized  to  make  the  fame,  will  deliver  up 
to  juftice  all  perfons,  wlio,  being  charged  with 
murder  or  forgery,  committed  within  the  jurildic- 
tion  of  either,  fhall  feek  an  afylum  within  any  of 
the  countries  of  the  other,  provided  that  this  Inall 
only  be  done  on  fuch  evidence  of  criminality  as, 
accorffing  to  the  laws  of  the  place,  v/here  the  fugi- 
tive or  perfon  fo  charged  fhall  be  found,  would  juf- 
tify  his  apprehenfion  and  commitment  for  trial,  if 
the  offence  had  there  been  committed.  The  ex- 
pence  of  fuch  apprehenfion  and  delivery  fhall  be 


..i 


^'y-i 


I  ■ . 


ih 


$' 


V 


I  I , 


:i 


r  32  ] 


l)orne  and  defrayed,  by  thofe  who  make  the  requi- 
lition  and  receive  the  fugitive. 

ARTICLE  XXVIII. 

It  is  agreed,  that  the  firfl  ten  articles  of  this 
treaty  ihall  be  permanent,  and  that  the  fubfequent 
articles,  except  the  twelfth,  fhall  be  limited  in  their 
duration  to  twelve  years,  to  be  computed  from  the 
day  on  which  the  ratifications  of  this  treaty  fhall  be 
exchanged,  but  fubje£l  to  this  condition.  That 
whereas  the  faid  twelfth  article  will  expire  by  the 

-  limitation  therein  contained,  at  the  end  of  two  years 
from  the  figning  the  preliminary  or  other  articles  of 

.  peace,  which  mall  terminate  the  prefent  war  in 
which  his  Majefty  is  engaged,  it  is  agreed,  that 
proper  meafures   fhall   by  concert  be   taken,  for 

V  bringing  the  fubjedl  of  that  article  into  amicable 
treaty  and  difcullion,  fo  early  before  the  expiration 
of  the  faid  term,  as  that  new  arrangements  on  that 
head,  may  by  that  time  be  perfe6t©d  and  ready  to 
take  place.  But  if  it  fhould  unfortunately  happen, 
that  his  Majefly  and  the  United  States,  fhould  not 
be  able  to  agree  on  fuch  new  arrangements,  in  that 
cafe  all  the  articles  of  this  treaty,  except  the  firlt 
ten,  fliall  then  ceafe  and  expire  together. 

J  ;  LASTLY. 

This  treaty,  when  the  fame  fhall  have  been  rati- 
fied by  his  Majefly,  and  by  the  Prefident  of  the 
United  States,  by  and  with  the  advice  and  confent 
of  their  Senate,  and  the  refpediive  ratifications  mu- 
•  tually  exchanged,  fhalj  be  binding  and  obligatory 
on  his  Majefly  and  021  the  faid  States,  and  fhall  be 
by  them  refpe6i:ively  executed,  and  obferved,  with 
pim6tuality  and  the  mofl  fmcere  regard  to  good 
faith ;  and  whereas  it  will  be  expedient,  in  order 
thfi  better  to  facilitate  intercourfe  and  obviate  difi- 


[    33    ] 


u   ....  ■ 


culties,  that  other  articles  be  propofed  and  aoUed  to 
thi^^  treaty,  which  articles,  from  wani  T  time  and 
other  circumftances,  cannot  now  be  perfe<fted— it 
is  agreed,  that  the  faid  parties  will  from  time  to 
time,  readily  treat  of  and  concerning  fuch  articles, 
and  will  fmcerely  endeavour  fo  to  form  them,  as 
that  they  may  conduce  to  mutual  convenience,  and 
tend  to  promote  mutual  fatisfad^ion  and  friendfliip  i 
and  that  the  faid  articles,  after  having  been  duly 
ratified,  (hall  be  added  to,  and  make  a  part  of  this 
treaty.  In  faith  whereof,  we,  the  underfigned  mi- 
nifters  plenipotentiary  of  his  Majefty  the  King  of 
Great  Britain,  and  the  United  States  of  Amerfca, 
have  figned  this  prefent  treaty,  and  have  caufed  to 
be  affixed  thereto  the  feal  of  our  arms. 

Done  at  Liondon,  this  nineteenth  day  of  No- 
vember, One  Thoufand  Seven  Hundred 
and  Ninety-four. 

GRENVILLE.  (Seal.) 

JOHN  JAY.  (Sm/.) 


I 


i  \  ?■ 


,    J.,;  ..y. 


*■; 


■  m%i 


■^S'f'^ 


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Mfc^ 


D  2  ■     J:m^ 


i^Kf'":i   5 


tr:"*:'? 


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,'  .  I 


,,  )■ 


'•7^,',~"( 


CONDITIONAL  RATIFICATION 


'•#,;.' 


^ 


'  ',  / 


On  the  part  of  the  United  States^        ^ 
In  Senate^  June  24^  1795. 


'r, 


r  ■" 


■«»f-  <iii»>\ 


,  Absolved  that  the  Senate  do  conA;nt  to>  and  advife 
the  Prefident  of  the  United  States  to  latify  the  Treaty 
of  amity)  commerce  and  navigation,  between  his  Bri- 
tannic majefty  and  the  United  States  of  America,  con- 
cluded at  London,  the  \  c^xh  of  Nofvember,  1794,  on  con- 
dition that  there  be  added  to  the  faid  treaty,  an  article 
whereby  it  (hall  be  agreed  tofufpend  the  operation  of 
fo  much  of  the  1 2th  article^  jis  refpcAs  the  trade  which 
his  faid  m^efty  thereby  conients  may  be  carried  on  be- 
tween the  United  States  and  his  ifknds  in  the  Weft  In- 
dies, in  the  manner,  and  on  the  terms  ftnd  conditions 
therein  fpeciiied. 

And  the  Senate  recommend  to  the  Prefident,  to  pro- 
ceed without  delay,  to  further  friendly  negociations  with 
his  majefty,  on  the  fubjeft  of  the  faid  trade>  and  of  the 
terms  and  conditions  in  queftion^  -   ::  ^--t     -- 


■>   ■<>; 


■*.: 


■f  '     .  .  . 


^'-^ 


'4 


^^'?.,ii'i-^ 


v-»' 


-h    '■  (>V 


.4 


a-, 


V   /«^'    ^.-i      .}  ->r 


.  •  ,      LETTER      ;  '-   ., 

FROM   MR.  JEFFERSON    TO  MR.   HAMMOND.  > 

PhilaA'cllhia^  Sepumbfr  ^t  '794-' 

SIR,     '   :_',-  -■  .' 

I  am  honoured  wixh  yours  of  Auguft  30.  Mine  of 
the  7th  of  tlwt  month  afTured  you  that  meafures  were 
taken  for  txckidiiig  from  id\  further  afylum  in  oar  ports, 
vefll'ls  arrAcd  in  them  to  ciuii'.i-  on  nations  with  whicU 
we  are  at  peace,  and  for  the  r4:ft(3raiicvn  of  the  prizes  the 
Lovely  Lafs,  Prince  William  Henry,  and  the  Jane  of 
Dublin;  and  that  ihould  the  meafures  for  rcllitution  fail 
in  their  effed,  tlic  Preiident  confidcred  it  as  incumbent 
on  the  United  States  to  make  compenfation  for  the  vef- 
fcls. 

We  are  bound  by  our  treaties  with  three  of  the  belli- 
gerent nations,  by  all  the  means  in  our  jx)wer  to  pro- 
tc«fk  and  defcr-tl  their  veflels  and  effcds  in  our  ports,  or 
waters,  or  on  the  feas  near  our  (bores,  and  to  recover 
and  reftorc  the  fame  to  the  right  owners  when  taken 
from  them.  If  all  the  means  in  our  power  are  ufed,  and 
fail  in  their  effect,  we  are  not  bound  by  our  treaties 
with  thofc  natioas  to  make  compenfation. 

Though  we  have  no  firailar  treaty  with  Great  Bri- 
tain, it  was  the  opinion  of  the  Prefident,  that  we  ihould 
ufe  towards  that  nation,  the  fame  rule,  which,  under 
this  article,  was  to  govern  us  with  the  other  ivitions  ; 
and  even  to  extend  it  to  captures  made  on  the  high  feas, 
and  brought  into  our  ports :  if  done  by  veffels  which 
had  been  armed  within  them.       -   '  '      •        y    ' 

Having  for  particular  reafons,  forebore  to  ufe  all  the 
means  in  our  power  for  the  reOitution  of  the  three  vef- 
fels  mentioned  in  my  letter  of  Augult  7th,  the  Prefident 
thought  it  incumbent  on  the  United  States  to  make 
compenfation  for  them  ;  and  tlKHigh  nothing  was  faid 
in  that  letter  of  other  ve{&ls  taken  under  like  circumilan- 
ces>and  brought  in  after  the  fifth  of  June,  and  before  the 
date  of  that  letter,  yet  when  the  fame  forbearance  had 
takeb  place,  it  was,  and  is  las  opioioD>that  coaipenfatioa 
would  be  equally  due. 


11 


I 


As  to  prizes  made  under  the  Tame  circumftances,  and 
liroiight  111  after  the  date  of  that  letter,  the  Picfidcnt 
cietermined  that  all  the  means  in  our  power  (hoiild  be  ufed 
for  their  rcAitution.  ](  thcfe  fail,  as  we  fhould  not  be 
bound  bv  our  treaties  to  make  compenfation  to  other 
powers  in  the  anakgrus  cafcj  he  did  not  mean  to  give 
an  opinion  that  it  ouuht  to  be  done  to  Great  Britain. 
Uut  mil,  if  any  cafes  ttiall  arifr  fubfequent  to  that  date, 
the  circumflances  of  which  lli all  place  them  on  fimilar 
ground  with  thofe  before  it,  i\\t  Prefident  vvouW  think 
compenfarion  equally  incumbent  on  the  United  States. 

Inftrciiors  are  given  to  the  governors  of  the  differ- 
ent dates,  to  ufe  all  the  means  in  their  power  for  reftor- 
ing  prizes  of  this  lall  defcription  found  within  their 
ports.  Though  they  will  of  courfe  tal:e  meafurcs  to  be 
informed  (jf  them,  and  the  geutral  government  has  given 
them  the  aid  of  the  cuftom-houfe  officers  for  this  pur- 
pofe,  yet  you  will  be  fenfiblc  of  the  importance  of  mul- 
tiplying the  channels  of  their  information  as  far  as  (hall 
depend  on  yourfelf,  or  auy  other  perfon  under  your  di- 
rectioiij  in  order  that  th:  governors  may  ufe  the  means 
in  their  power  for  making  reftitution. 

Without  knowledge  of  the  capture  they  cannot  reilore 
it.  It  will  always  be  bed  to  give  the  notice  to  them  di- 
rectly ;  but  any  information  which  you  (hall  be  pleafcd 
to  fend  to  me,  alfr,  at  any  time,  (hall  be  forwarded  to 
them  as  quickly  as  diRance  will  permit.  ,,y 

Hence  you  will  perceive,  Sir,  that  the  Pre(ident  con. 
templates  reftitntion  or  compen(ation  in  the  cafe?  be- 
fore the  7th  of  Auguft  ;  and  after  that  date  reftitution 
if  it  can  be  e(Fected  by  any  means  in  our  jwwer.  And 
that  it  will  be  important  that  you  ihould  fubftantiate  the 
fact ,  that  fuch  prizes  arc  i:i  our  ports  or  waters. 

Your  lift  of  the  privateers  illicitly  armed  in  our  ports 
is,  I  believe,  correct.       *      r  3";c  ,,.5^^^*,^  / 

With  refpect  to  loffes  by  detention,  wafte,  fpoilation 
fuftained  by  veflTels  taken  as  before  mentionedi  between 
the  dates  of  June  cth  and  Auguft  7thj  it  is  propofed  as 
a  provi(ional  meafure,  that  the  collector  of  the  cuftoms 
ef  the  diftrict^  and  the  f  ritiih  confulj  or  any  othef  pes- 


[    37     ] 

fon  you  pleafci  fly^U  appoint  pcrfons  to  cftabliih  the  va« 
lue  of  the  veffd  and  cargo,  at  the  time  of  her  capture 
and  of  her  arrival  in  the  port  into  which  (he  is  broughty 
according  to  their  value  in  that  port.  If  this  (hali  be 
agrecahle  to  you,  and  you  will  l>c  plcafni  to  fignify  it 
to  mc,  with  the  names  of  the  prizes  underftood  to  be  of 
this  icfcription,  inftructions  will  lie  given  accordingly, 
to  the  collectors  of  the  culloms  where  the  rcfpeciivc  viif- 
fcls  are. 

.,.....,  .     1  hare  the  honour  to  be,  &c.     '•»-«':   * 

(Signed)     .  .       THOMAS  JEFFERSON.       ,'  J! 

Geo,  Uammwii  E/^,         -t  ■.  •,  • 


'■I. 


.  I  \  I  •  •<. . 


IVHILST  the  Treaty  was  under  difcufton  in  thi 

Senate^  the  following  propojitions  ivere  b'^oughi 

forward  and  refpeHfully  offered  as  fuhjlitutcs  t9 

the  refolution  of  Ratification^  which  uliiinately 

prevailed,  ,    . 

Mr.  BURR'S  MOTION. 

THAT  the  further  cojifideration  of  the  Treaty 
concluded  at  London  the  19th  of  November  1794, 
be  poflponcd,  and  that  it  be  recommended  to  the 
Prefident  of  tbe  United  States  to  proceed  without 
delay,  to  further  friendly  negociation  with  his  Bri- 
tannic Majefty,  in  order  to  efFedt  alterations  in  the 
faid  treaty^  in  the  following  particulars  : 

That  the  9th,  icth  and  24th  Articles,  and  fo 
much  of  the  25th  as  relatv?s  to  the  flicker  or  refuge, 
to  be  given  to  the  armed  veflels  of  ftatcs  or  fjve- 
reigiis  at  war  with  either  party,  be  expunged. 

2d  Art.  That  no  privilege  or  right  be  alL^wcd  to 
the  fe|tlers  or  traders  mentioned  in  the  2d  Articlcj 


I 


if 


'-  m 

■  W 

■     w\ 

■  %t 

.Cflfe^Wfj. 


■t;.s;-.-nv'  t-  •i/'^;^,iV 


t 


i    3«    ] 

Other  than  thofe  which  are  fecured  to  them  by  the 
t^:eatycf  1783,  and  exifting  laws. 

3d  Art.  l^hat  tl^  3J  Article  be  expunged,  or 
fo  modified  that  the  citizens  of  the  United  States 
may  have  the  ufe  of  ail  rivers,  ports  and  places 
within  tne  territories  of  his  Britannic  Majeily  in 
North  America,  in  the  fame  manner  as  his  fubjedts 
may  have  of  thofe  of  the  United  States. 

6th  Art.  That  the  value  of  the  negroes  and  other 
property,  carried  away  contrary  to  the  7th  article  of 
the  treaty  of  1783,  (ind  the  lofs  and  damages  ftiftain- 
ed  by  the  United  States  by  the  detention  of  the  pojis^ 
be  paid  for  by  the  Britifli  government ;  the  amount 
to  be  afcertained  by  the  commifEoncrs  who  may  be 
appointed  to  liquidate  the  claims  of  the  Britifh  cre- 
ditors. 

1 2th  Art.  That  what  relates  to  the  Weft  India 
trade,  and  the  provifos  and  conditions  tliereof  in  the 
12th  article,  be  expunged,  or  be  rendered  much 
more  favourable  to  the  United  States,  and  without 
any  reftraint  on  the  exportation  in  vcffels  of  the 
.  United  States,  of  any  articles,  not  the  growth, 
produce  or  majtiufawiure  of  the  faid  iflands  of  his  Bri- 
tannic Ma  iefty.  <-     V,  ^ 

15th  Art.  That  no  claufe  be  aumitted  which 
rriay  re  drain  the  United  States  from  reciprocating 
benefits  by  difcriminating  between  foreign  nations 
in  their  commercial  arrangements,  or  prevent  them 
from  increafinc;  the  tonnage,  or  other  duties  oji  Bri- 
tilli  veflels,  on  terms  of  reciprocity,  or  in  a  ftipu- 
lated  ratio.  . 

,  y2ift  Art.  That  the  fubje<5ls  or  citizens  of  either 
p^rty,  be  not  reftrained  from  accepting  com  millions 
\i\  the  army  or  navy  of  any  fcjTwign  power. 


r  ' 


,  >-♦',</  I 


f  ;s^■:^ 


[     39     ] 


Mr.  TAZEWELL'S  MOTION. 

THAT  the  Prefident  of  the  United  States  ho 
informed,  that  the  Senate  will  not  confent  to  the 
ratification  of  the  treaty  of  amity,  commerce  and 
navigation,  between  the  United  States  and  his  Bri- 
tannic Majefty,  concluded  at  London  on  the  19th 
of  November,  1794,  for  the  reafons  following — 

1.  Becaufj  fo  much  of  the  treaty  as  was  intend- 
ed to  terminate  the  complaints,  fl-^wing  from  the 
inexecutionof  the  treaty  of  1783,  contains  IHpula- 
tions  that  were  not  rightfully  or  juflly  requirable 
of  the  United  States,  and  which  are  both  impolitic 
and  if'iiurious  to  their  intereft ;  and  becaufe  the  trea- 
ty hath  not  fecurcd  that  fatisfadlion  from  the  Biitifh 
government,  for  rfie  removal  of  negroes,  in  violati- 
on of  the  treaty  of  1783,  to  which  the  citizens  of 
the  United  States  were  juftly  entitled.        '  ^   ' 

2.  Becaufe  the  rights  of  individual  flates  are  by 
the  9th  article  Qf  the  treaty,  unconftitutionally  in- 
vaded. 

3.  Becaufe,  however  impolitic  or  unjufl  it  may 
generally  be,  to  exercife  the  power  prohibited  by  the 
lOth  article,  yet  it  refts  on  legiflative  difcretion, 
and  ought  not  to  be  prohibited  by  treaty. 

4.  Becaufe  fo  much  of  the  treaty,  as  relates  to 
commercial  arrangements  between  the  parties,  wants 
that  reciprocity,  upon  which  alone,  fuch  like  ar- 
rangements ought  to  be  founded,  and  will  operate 
ruinoufly  to  the  American  commerce  and  navigati- 
on. 

5.  Becaufe  the  treaty  prevents  the  United  States 
from  the  exercife  of  that  controul  over  their  com- 
merce and  navigation,  as  connected  with  other  na- 
tion?, which  might  better  the  condition  of  their  iri- 
tcrcourfe  with  friendly  nations.    ,    ^   ., 


■(i 


t  i 


i      '11 


'\ 


li^.- 


■•\l-    "7  V  V-       ''  'y->'"-^.   '  ^  '    ^'mil\   I        •  iTf^^ '(I  '  ** 


'li 


•■If*; 


[     40     ] 

6.  Becaufe  the  treaty  afierts  a  power  in  the  Pre- 
fident  and  Senate,  to  controul  and  even  annihilate 
the  conltitutional  ri^ht  of  the  Congrefs  of  the  Unit- 
ed States,  over  their  commercial  intercourfe  with 
foreign  nations. 

7.  Becaufe,  if  the  conftrudion  of  this  treaty 
(liould  not  produce  an  infraction  of  the  treaties  now 
fubfifting  between  the  United  States  and  their  allies, 
it  is  calculated  to  excite  fenfations,  vidiich  may  not 
operac*;  beneficially  to  the  United  States. 

Notwithftanding  the  Senate  will  not  confent  to 
the  ratification  of  this  treaty,  they  advife  the  Prefi- 
dent  of  the  United  States  to  continue  his  endeavours 
by  friendly  difcuflion  with  his  Britannic  Majefty,  to 
adjuft  all  the  real  caufes  of  complaint  between  the 
two  nations. 

Thefe  propofitions  were  both  rejedted  by  a  vote 
of  20  to  10.  We  are  informed  that  the  members 
who  voted  in  the  affirmative  were, 


Brown, 
Blood  worth, 
Burr, 

Butler,     .       ., 

Bingham, 

Bradford, 

Cabot 

Elfworth, 

Frelinghuyfen, 

Fofter, 

Gunn, 


Jaclcfon, 

Langdon, 

Martin, 

In  the  negative, 


Maibn, 

Robinfbn, 

Tazewell,, 


^ 


Henry, 

King, 

Latimer, 

Paine, 

Potts, 

Read, 

Rofs, 


Rutherford, 
Strong, 
Trumbull 
Vinino;, 

ivermore, 
Mariliall. 


■^ 


'- ';  ^*- 


<  >■ 


[     41     3 


Treaty  of  Amity  and  Commerce 


BETWEEN 


His  Mojl  Chrijlian  Mujefiy  and  the  thirteen 
United  States  of  America.    , 


■*i  i< 


THE  moft  chrlftian  king,  and  the  thirteen  unit- 
ed Slates  of  North  America,  to  ivity  New 
Hampihire,  MaffachufcUs  bay,  Riiode  Illand,  Con- 
nedicut.  New  York,  New  J-rfey,  Pcnnfylvania,  Dela- 
ware, Maryland,  Virginia,  North  Carolina,  South  Caro- 
lina, and  Georgia,  willing  to  fix,  in  an  equitable  and  per- 
iTianent  manner,  the  rules  wiiicl)  ought  to  be  followed 
relative  to  the  correfpondence  and  commerce  vvhich  the 
two  parties  delire  to  eftablifh  between  their  rcfpetlive 
countries,  ftates,  and  fubjefts ;  his  mofl  chriflian  ma- 
jefty,  and  the  faid  united  ilates,  have  judged,  tiiat 
the  faid  end  could  not  be  better  obtained,  than  by 
taking  for  the  bafis  of  their  agreement,  the  moft  per- 
fect equality  and  reciprocity,  and  by  carefully  avoid- 
ing all  thofe  burdenfome  preferences,  which  are  ufual- 
ly  fources  of  debate,  embarraflmcnt,  and  difcontent — 
by  leaving  alfp  each  party  at  liberty  to  make,  refpe6l- 
ing  commerce  and  navigation,  thofe  interior  regulati- 
ons, which  it  fhall  find  moft  convenient  to  itfelf — and 
by  founding  the  advantage  of  commerce  folely  upon 
reciprocal  utility,  and  th.e  juft  rules  of  free  intercourfe 
— referving  withal  to  each  party,  the  liberty  of  ad- 
mitting, at  its  pleafure,  other  nations  to  a  participa- 
tion of  the  fame  advantages.  It  is  in  the  fpirit  of 
this  intention,  and  to  fuliil  thefe  views,  that  his  faid 
majefty  having  named  and  appomted  for  his  plenipo- 
tentiary, Conrad  Alexander  Gerard,  royal  fyndic  of 
the  city  of  Straibourg,  fccretaiy  of  his  majefty*3 
council  of  ftate — and  the  united  ftates  on  their  part, 
having  fuUy  empowered  Benjamin  Franklin,  deputy 
from  the  ftate  of  Pennfylyania  to  the  general  congrefs, 


^■'!i-:^^ 


i^.m 


if.t 


v>„! 


I:s 


^■k '  ■  tin 
-  !« 

gHH' 

ml 


(     4^    ") 

and  prefident  to  the  convention  of  fai'd  ftat« — ^Si- 
las Deane,  late  deputy  from  the  ftate  of  Connefti- 
cut,  to  the  faid  congrefs — and  Arthur  Lee,  counfel- 
Ipr  at  la.w :  the  faid  refpeftive  plenipotentiaries,  aftey 
exchanging  their  powers,  and  after  mature  delibera- 
tion, have  concluded  and  agreed  upon  the  following 
articles : 

AnT.  I.  TH  E  K  E  fhall  be  a  firm,  inviolable, 
and  univerfal  peace,  and  a  true  and  fincere  friendfhip^ 
between  the  moft  chriftian  king,  his  heirs  and  fuc- 
ceffors,  and  the  united  ftates  of  America,  and  the 
fubjefts  of  the  moft.  chriftian  king  and  of  the  faid 
ftates,  and  between  the  countries,  iflands,  cities,  and 
towns,  fituate  under  the  jurifdiftion  of  the  moft  chrifi- 
tian  king,  and  of  the  faid  united  ftates,  and  the  peo^ 
pie  and  inhabitants  of  every  degree,  without  excep- 
tion of  perfons  or  places,  and  the  te,rms  herein  after- 
mentioned,  fhall  be  perpetual  between  the  moft  chrif- 
tian king,  hifj  heirs,  and  fuc(:efrorSy  and  the  faid 
united  ftates.  :••.,-  -^     y-  -•:.>•>  *rj^-v'.fi-- -/c. 

H.  The  moft  chriftian  king,  and  the  united  ftates, 
engage  mutually  not  to  grant  any  particular  fevour  to 
other  nations,  in  refpe6l  of  commeripe  and  navigation, 
which  fhall  not  immediately  become  common  to  the 
other  party,  who  fhall  enjoy  the  fame  favour  freely, 
if  the  concelTion  was  freely  made — or  on  allowing  the 
lame  compenfation,  if  the  conceifion  was  conditional. 

III.  The  fubjedls  of  the  moft  chriftian  king,  fhall 
pay  in  the  ports,  havens,  roads,  countries,  iflands, 
jcities,  or  towns  of  the  united  ftates,  or  any  of  them, 
no  other  or  greater  duties  or  impofts,  of  what  nature 
foever  they  may  be,  or  by  what  name  foever  called, 
than  thofe  which  the  nations  moft  favoured  are  or  fhall 
be  obliged  to  pay  :  and  they  fhall  enjoy  all  the  rights, 
liberties,  privileges,  immunities,  and  exemptions  in 
trade,  navigation  and  commerce,  whether  in  pafdng 
from  one  port  in  the  faid  ftates  to  another,  or  in  go- 
ing to  and  from  the  fame,  from  and  to  any  part  of  tl^ 
>Toi;Jd^  vvhich  tbe  faid  nations  dp  or  fhall  enjoy.    ;3i 


C    43     ) 

IV.  The  fubjc^s,  people  and  inhabitants  of  the 
faid  united  dates,  and  each  of  them,  (hall  not  pay  in 
the  parts,  havens,  roads,  iilcs,  cities,  and  place^i 
under  the  dominatiort  of  his  moft  chriftian  majefty  in 
Europe,  any  other  or  greater  duties  or  impofts,  of 
what  nature  foever  they  may  be,  or  by  what  name 
foever  called,  than  thofe  which  the  moft  favoured 
nations  are  or  (hall  be  obliged  to  pay  :  and  they  (hall 
enjoy  all  the  rights,  liberties,  privileges,  immunities^ 
and  exemptions  in  trade,  navigation,,  and  commerce, 
whether  in  pafling  from  one  port  in  the  faid  domini- 
ons in  Europe,  to  another,  or  in  going  to  and  from  the 
fame,  from  and  to  any  part  of  the  world»  which  the. 
faid  nations  do  or  (hall  enjoy;  .  : ,       :   .. 

'  v.  In  the  above  exemption  is  particularly  comprifl 
ed,  the  impoiltion  of  one  hundred  fols  per  ton,  e{lab« 
liHied  in  France  on  Foreign  (hips,  unlefs  when  the 
fhips  of  the  united  dates  fball  load  with  the  merchant 
dife  of  France,  for  another  port  of  the  fame  domini- 
on :  in  which  cafe,  the  faid  (hips  fliall  pay  the  duty  a** 
bove  mentioned^  fo  long  as  other  nations  the  moft  fa- 
voured (hall  be  obliged  to  pay  it :  but  it  is  underftood, 
that  the  faid  united  flates,  or  any  of  them,  arc  at; 
liberty,  when  they  fhall  judge  it  proper,  to  cftabliflv 
a  duty  equivalent  in  the  fame  cafe. 

VI.  The  moft  chriftian  king  fliall  endeavour,  by 
all  the  means  in  his  power,  to  protect  and  defend  all 
veiTeJs,  and  the  effe6h,  belonging  to- the  fubjeds,  people, 
or  inhabitants  of  the  faid  united  ftates,  or  any  of 
them,  being  in  his  portSj  havens  or  roads,  or  qh  the 
feas  near  to  his  countries,  iflands,  cities  or  towns  ;  and 
to  recover  and  reftore  to  the  right  owners,  their  agenta, 
or  attornics,  all  fuch  velTels  and  effects,  which  (hall  be 
taken  within  his  jurifdiAion  :  and  the  (hips  of  war  of 
his  moft  chriftian  majefty,  or  any  convoy  failing  un- 
der his  authority,  (hall  upon  all  occafions  take  under 
their  prote<5lion,  all  vefTels  belonging  to  the  fubjeils,. 
people,  or  inhabitants  of  the  fafd  united  ftates,  or  any 
of  them^  and  holding  the  fame  ^ourfe,  or  going  the 


if* 


i' 

t  V 


m- 


■^ 


:.Sr'1 


I'lu 


,  III 

i 


t    44    3 

l^.ime  way,  and  {hall  defend  fuch  veflels  as  long  as  tlipy 
liold  tlie  fame  courfe,  or  go  the  fame  way,  againil  ail 
attacks,  force,  and  violence,  in  the  fame  manner  as  they 
ought  to  prote(5l  and  defend  the  veffels  belonging  to 
the  fubjeds  of  the  moft  chriftian  king,     ^  -  v   *  ; 

VII.  In  like  manner  the  faid  utiited  ftates,  dird  theiV 
fhips  of  war  failing  under  theiv  authority,  fliall  pro- 
UOl  and  defend,  conformably  to  the  teno-  of  the  pre- 
ceding article,  all  the  veffels  and  effefts  belonging  to 
the  fubjefts  of  the  moft  chriftian  king,  and  ufe  all 
their  endeavours  to  recover,  and  caufe  to  be  rtftorcd, 
the  faid  veffels  and  effects  that  (hall  have  been  taken 
within  the  jurifdiAion  of  the  faid  imited  ttates,  ot 
any  of  them. 

Vln.  The  moft  chriftian  king  will  employ  hi0 
good  offices  and  interpofition  with  the  king  or  cm-i 
f  eror  of  Morocco  or  Fez — the  regencies  of  Algiers, 
Tunis,  and  Tripoli,  or  with  any  of  them — and  alfd 
with  eveiy  other  prince,  ftate,  or  power,  of  the  coaft 
of  Barbary  itt  Africa — and  the  ftibjeds  df  the  fai^ 
"king,  emperor,  ftates,  and  powers,  and  each  of  tkem^ 
in  order  to  provide,  as  fully  and  cfficacioufly  as  poifi- 
ble,  for  the  benefit,  conveniency  and  fafety  of  the  faid 
united  ftates,  and  each  of  them,  their  fubjefts,  peo- 
ple, and  inhabitants,  and  their  veffels  and  effc£ls,  againft 
all  violence,  infult,  attacks,  or  depredations,  on  th«  part 
of  the  faid  princes  and  ftates  of  Barbary  or  their  fubjeds. 
:r  IX.  The  fubjefts,  inhabitants,  merchants,  com- 
manders of  (hips,  mafters,  and  mariners  of  the  ftates, 
provinces,  and  dominions  of  each  party  refpe6tively, 
ftiaH  abftain  and  forbear  to  ftfh  in  all  places  poffeffed, 
or  which  (hall  be  poffeffed  by  the  other  party.  The 
moft  chriftian  king's  fubjedls  ftiall  not  fifh  in  the  ha- 
vens, bays,  creeks,  roads,  coafts,  or  places,  which 
the  faid  united  ftates  hold,  or  (hall  hereafter  hold ; 
and  in  like  manner,  the  fubjedls,  people,  and  Inhabi- 
tants of  the  faid  united  ftates,  (hall  not  fifh  in  the  ha- 
vens, bays,  creeks,  roads,  coafts  or  places,  which  the 
ifioft  <:hriftian  king  poffeffes,  Or  fliall  here^ter  poffcfs  : 


C    45    I 


tnd  if  any  (hip  or  veffel  (hall  be  found  fifliing,  contrary 
to  the  tenor  of  this  treaty,  the  faid  (hip  or  vefftl 
with  its  lading  (proof  being  made  thereof)  (hall  be 
confifcated:.  it  is  however,  underftood  that  the  ex- 
clusion ftipulated  in  the  prdfent  article,  (hall  take  place 
only  fo^  long  and  fo  far,  as  the  moil  chriftian  king  or 
the  united  dates  (hall  not  in  this  refped  have  granted 
an  exemption  to  fome  other  nation. 

X.  The  united  (lates,  their  citizens,  and  inhabit- 
ants (hall  never  difturb  the  fubjeds  of  the  moft  chrif. 
tian  king  in  the  enjoyment  and  exercii'e  of  the  right 
of  fi(hing  on  the  banks  of  Newfoundland— nor  in  the 
indefinite  and  excluiive  right  which  belongs  to  them 
on  that  part,  of  the  coail  of  that  ifland,.  which  is  de- 
igned by  the  treaty  of  Utrecht — nor  in  the  rights 
relative  to  all  and  each  of  the  ifles,.  which,  belong  to 
his  mod  chriftian  majefty,  the  whole  conformable  t^ 
the  true  fcnfe  of  the  treaties  of  Utrecht  and  Paris.    *' 

XI.  The  fubjeds.and  inhabitants  of  the  faid  united 
ftates,.or  any  hi  them,^,  (hall  ncvt.Be  reputed  aubains  in 
France;  and.confequently  (hall  be  exempted  from  the. 
droii  d*aubainey, or  other  fimilar  duty,  under  what  name 
fbeven.They  may,, by  teftament,  donation,  or  otherwife,, 
difppfe  of  their  goods,  moveable.and  immoveable,  in  fa- 
vour of  fuch  perfons  as  to  them  (hail  fcem  good  :  and 
their  heirs,  fuhje6t»  of  the  (aid. united  dates,  rcllding.. 
whether  in  Erance  orclfcwhere,  may  fucceed  them,  ab 
w/^fl/,  without  being  obliged  to  obtain  letters  of  natu- 
ralization, and  without  having  the  effed  of  thisconcef- 
fion  contefted  or  imp3ded,  under  pretext  of  any.  rights- 
cr  prerogatives  of  provinces,  cities,  or.private  perfon«^; 
And  the  faid  heirs,  whether  fuch  by  particular  title,., 
or  (lb  intejlat,  fhall  be  exempt  from,  all  duty  called 
droit  de  detra&ion,  or  other  duty  of  the  fame  kind  \\ 
faving  neverthelefs  the  local  rights  or  duties,  as  much,. 
and  a&  long  as  fimilar  ones  are  not  eftablidied  by  the 
united  ftates,  or  any  of  them.     The  fubjeds  of  the 
raoft  chriftian  king  (hall  enjoy  on  their  part,  in  all  the 
dojuinions  of  the  faid  ftates,  an  entire  and  pevfe6l.ic«^ 

E  3. 


N    I  if 


j--r-^    ,..yvTf-.-:      -jJif-'x-iii 


M  .^        S   \- 


I 


I) 


!   46   1    . 

ciproclty,  relative  to  the  flipulations  contained  in  the 
prefent  article  :  but  it  is  at  the  fame  time  agreed,  that 
its  contents  fhall  not  afFeft  the  laws  made,  or  that  may 
be  made  hereafter  in  France,  againit  emigrations^ 
which  (hall  remain  in  all  their  force  and  vigour :  and 
the  united  ftates  on  their  part,  or  any  of  them,  (hall 
be  at  liberty  to  enaft  fuch  laws,  relative  to  that  mat- 
ter, as  to  them  fhall  feem  proper.  .  '  «  '^  '^^••«  *  *ji 
*  XII.  The  mcrchant-fhips  of  either  of  the  parties^ 
which  fhall  be  making  into  a  port  belonging  to  the 
enemy  of  the  other  ally,  and  concerning  whofe  voy- 
age, and  the  fpecies  of  goods  on  board  bet*,  there  fhall 
be  jufl  grounds  of  fufpicion,  fhall  be  obliged  to  exhi- 
bitj  as  well  upon  the  high  feas,  as  in  the  ports  and 
havens,  not  only  her  pafTports.  but  likewife  certificates, 
exprefsly  fhewing  that  her  goods  are  not  of  the  num* 
ber  of  thofe  which  have  been  prohibited  as  contraband.. 
XIIL  If,  by  the  exhibiting  of  the  above-faid  certifi* 
cates,  the  other  party  difcover  there  j^re  any  of-  thofe 
forts  of  goods  which  are  prohibited  and  declared  con-i 
traband,  and  configned  for  a  port  under  the  obedience 
of  his  enemies,  it  fhall  not  be  lawful  to  break  up  the 
hatches  of  fuch  fhip,  or  to  open  any  chefls,  coffers, 
packs,  cafks,  or  any  other  vefTels  found  therein,  orto 
remove  the  fmalleft  parcels  of  her  goods,  whether  fuch 
ftiip  belongs  to  the  fubjefts  of  France,  or  the  inhabitant* 
of  the  faid  united  flates,  unlefs  the  lading  be  brought  on 
fiiore,  in  the  prefence  of  the  officers  of  the  court  of 
admiralty,  and  an  inventory  thereof  made  :  but  thefe 
fhall  be  no  allowance  to  fell,  exchange,  or  alienate  the 
lame  in  any  manner,  until  after  that  due  and  lawful  pro* 
cefs  fhall  have  been  had  againfl  fuch  prohibited  goods, 
And  the  court  of  admiralty  fhall,  by  a  fentcnce  pronounc- 
ed, have  confifcated  the  fame  ;  faving  always  as  well 
the  fhip  itfelf,  as  any  other  goods  found  therein, 
which  by  this  treaty  are  to  be  cfteemed  free  ;  neither 
tnay  they  be  detained  on  pretence  of  their  being  as  it 
were  infeAed  by  the  prohibited  goods ;  much  lefs  fhall 
they  be  confifcated  as  lawful  prize  :  but  if  not  the 
whole  cargo,  but  only  part  thereof  fhall  confifl  of  pro*. 


^X'aA  ^  .^L^'ii 


Z    47     3 


N. 


hlbited  or  contraband  goods,  and  the  commander  of 
the  (hip  fhall  be  ready  and  willing  to  deliver  them  to. 
the  captor,  v/ho  has  difcovercd  them,  in  fuch  cafe  the 
captor  having  received  thofe  goods,  (hall  forthwith  dif- 
charge  the  (hip,  and  not  hinder  her  by  any  means  free- 
ly to  profecute  the  voyage  on  which  (he  was  bound  1 
but  in  cafe  the  contraband  merchandifes  cannot  be  all 
received  on  board  the  veflfel  of  the  captor,  then  the 
captor  may,  notwithftanding  the  offer  of  delivering  hira. 
the  contraband  goods,  carry  the  vefTel  into  the  near*, 
eft  port,  agreeable  to  what  is  above  dire6led. 

XIV.  On  the  contrary,  it  is  agreed,  that  whatever 

11  be  found  to  be  laden  by  the  TubjeAs  and  inhabit*^ 
ants  of  either  party  on  any  (hip  belonging  to  the  ene* 
mies  of  the  other,  or  to  their  fubje£ts,,  the  whole,  aU 
though  it  be  not  of  the  fort  of  prohibited  goods,  may 
be  coniifcated  in  the  fame  manner  as  if  it  belonged  to. 
the  enemy,    except  fuch  goods  and  merchandifes  as 
were  put  on  board  fuch  (hip  before  the  declaration  of 
war,  or  even  after  fuch  declaration  if  fo  be  it  were 
done  without  knowledge  of  fuch  declaration  :   fo  that- 
the  goods  of  the  fubje6ls  and  people  of  either  party,, 
whether  they  be  of  the  nature  of  fuch  as  are  prohibit^ 
ed  or  otherwife,  which,  as  is  aforefaid^  were  put  on; 
board  any  (hip  belonging  to  an  enemy  before  the  war,, 
or  after  the  declaration  of  the  fame,  without  the  know- 
ledge of  it,  (hall  no  ways  be  liable  to  confifcation,  but 
fliall  well  and  truly  be  reftorcd  without  delay  to  the 
proprietors  demanding  the  fame  v  but  fo  as  that  if  the- 
fold  merchandifes  be  contraband,  it  (hall  not  be  any* 
ways  lawful  to  carry  them  afterwards  to  any  ports  be- 
longing to  the  enemy.      The  two  contracting  partiei- 
agree,  that  the  term  of  twD  months  being  patted  after 
the  declaration  of  war,  their  refpedtive  fubje6ts,  from 
whatever  part  of  the  world  they  come,  (hall  not  plead 
the  ignorance  mentioned  in  this  article. 

XV.  And  that  more  cffedtual  care  may  be  taken 
for  the  fecurity  of  the  fubjefts  and  inhabitants  of  botl|. 
paKties,  that  they  fuiler  no  injury  by  the  men  of  war 
or  privateers  of  the  dker  party,  all  the  commandei:*^^ 


if'  /* 
.if 


i 


M 


>■ 

1'^: 


I 


M 


''Il< 


t  - 


I     4*    1 

of  the  {hips  of  his  mod  chriilian  majefly  and  of  the 
faid  united  dates,  and  all  their  fubjedls  and  inhabit* 
ants,  (hall  be  forbidden  doing  any  injury,  or  damage 
to  the  other  fide ;  and  if  they,  aA  to  the  contrary, 
they  (hall  be  puniHied  :  and  (hall  moreover  be  bound 
to  make  fatisfadlion  for  all  matter  of  damage,  and  the 
intereil  thereof,  by  reparation,,  under  the  pain  and  ob- 
L'gation  of  their  perfon  and  goods.  .  .  i  i  *  i:^  x 

XVI.  All  fhipa  and  merchandifes,  of  what  nature 
focver,.  which  (hall  be  refcued  out  of  the  hands  of 
any  pirates  or  robbers  oiT  the  high  feas,  (hall  be 
brought  into  fome  port  of  either  (late,  and  (hall  be  de- 
livered to  the  cuftody  of  the  officers  of  that  port,  in- 
order  to  be  rcftorcd  entire  to  the  true  proprietor,  as; 
foon  as  due  and  fufficient  proof  (hall  be  made  concern- 
ing the  property  thereof. 

XVII.  It  (hall  be  lawful  for  the  (hips,  of  war  of  ei- 
ther party,  and  priyateer9,,freely  to  carry, .wh it herfoevcr 
they  pleafe,  the  (hip»  and  goods  taken  from  their 
enemies,  without  being  obliged  tO;  pay  any  duty  to 
the  officers  of  the  admiralty,  or  any  other  judges  i. 
nor  (hall  fuch  prizes  be  arrelled  or  feized,  when  they, 
come  to  and  enter  the  ports  of  either  party :  nor  (hall 
the  fearchers  or  other  officers  of  thole  places  fearch 
the  fame,  or  make  examination  concerning  the  lawfuU 
nefs  of  fuch  prizes:,  but  they  may  hoi  it  fail  at  any- 
time«  and  depart,  and  carry  their  prizes  to  the  j^aces 
expre(redin  their  commiffipns,  which  ^the  commanders* 
of  fuch  (hips  of  war  £hall  be  obliged  to  (hew  :  on  the 
contrary,,  no  (belter  or  refuge  (hall  be  given  in  their 
ports  to  fuch  as  (hall  hav^  made  prize  of  the  fubjedls, 
people,  or  property  of  either  of  the  parties ;  but  if 
iuch  (hall  come  in^  being  forced  by  ftrefs  of  weather, 
or  the  danger  of  the  (ea,  all  proper  means  (hall  be 
vigoroufly  ufed,  that  they  go  out  aod  retire  from 
thence  as  foon  as  poffible. 

<  *  XVIII.  If  any  (hip,   belonging  to  either  of  the 
parties,    theJr  people,    or  fubjefts,  (hall,  within  the- 
coails  or  dominions  of  the  other,  ftick  upon  the  fands^ , 
^r  he  wreck edj  or  iCuffer  any  other  damage — all  frieady- 


k'M  A,A:A.  itjM'it.M^r^- 


C    49    ] 

\y  alTiftance  and  relief  (hall  be  given  to  the  perfont 
Ihfpwreckcd,  or  fuch  ae  (hall  be  in  danger  thereof. 
And  letters  of  fafe-condiH^  (hall  likevvifc  be  given  to 
them  for  their  free  and  quiet  pafTagc  from  thence, 
and  the  return  of  every  one  to  his  own  country.        ■>  ■* 

XIX.  In  cafe  the  fubje£le  and  inhabitants  of  either 
party,  with  their  ihipping,  whether  public  and  of 
war,  or  private  and  of  merchants,  be  foixcd  through 
ftrefs  of  weather,  purfuit  of  pirates,  or  enemies,  or  any 
other  urgent  ncceiTity  for  (ecking  of  (helter  and  bar- 
hour,  to  retreat  and  enter  into  any  of  the  rivers,  bays, 
roads,  or  ports  belonging  to  the  other  party,  they 
(hall  be  received  and  treated  with  all  humanity  and 
kindnefs,  and  enjoy  all  friendly  prote^ion  and  help  2 
and  they  fhall  be  permitted  to  refre(h  and  provide 
themfelves  at  reafonable  rates  with  victuals,  and  all 
things  needful  for  the  fuftenance  of  their  perfons,  or 
reparation  of  their  (hips,  and  cor  veniency  of  their 
voyage :  and  they  (hall  no  ways  be  detained  or  bin* 
dered  from  returning  out  of  the  faid  ports  or  roads> 
but  may  remove  and  depart  when  and  whither  they 
pleafe,  without  any  let  or  hinderance.i    .'ft,v7i  *  if  ,  , 

XX.  For  the  better  promoting  of  commerce  on 
both  (ides,  it  is  agreed,  that  if  a  war  (hall  break 
out  between  the  faid  two  nr^tions,  fix  months  after 
the  proclamation  of  war  (hall  be  allowed  to  the  mer- 
chants, in  the  cities  and  towns  v/here  they  live,  for 
felling  and  tranfporting  their  goods  and  merchandifes  3. 
and  if  any  thing  be  taken  from  them,  or  any  injury 
be  done  them  within  that  term,  by  either  party,  or 
the  people  or  fubjeAs  of  either,  full  fatisfa^ion  (hall 
be  made  for  the  fame. 

X^XI.  No  fubjeds  of  the  moft  chriftian  king  fhall 
^PPv  ^<^''  or  take  any  commiflion  or  letters  of  marque,[^ 
for  arming  any  (hip  or  fliif  r,  to  acl  as  privateers  againft 
the  faid  united  ftates,  or  any  of  them,  or  againft  the 
fubjeds,  people,  or  inhabitants  of  the  faid  united 
ftates,  or  any  of  them,  or  againft  the  property  of  any 
of  the  inhabitants  of  any  of  the^n,  frem^any  princg 


\ 


'■1 ' 


I. 


If*' 


i 


il 


,ml\l 


.11 


C   50   J 

er  ftate  with  which  the  faid  united  (Tatea  ihall  be  tt 
Mrar:  nor  (hall  any  citizen,  fubjcdt,  or  inhabitant  of 
ihe  faid  luvitcd  (bites,  or  any  of  them,  apply  for  or 
take  ainy  commiflion  or  letters  of  marque,  for  arming 
any  fhip  or  fliips  to  a6i  as  privatecra  againft  the  fub- 
}e«*  of  the  moil  chriftian  kin^,  or  any  of  them,  or 
the  property  of  any  of  them,  Irom  any  prince  or  (late 
with  which  the  faid  king  fhall  be  at  war :  and  if  any 
~  perfoA  of  either  nation  Biall  take  fiich  commiifions  or 
letters  of  marque,  he  (hall  be  punifhed  as  a  pirate. 

XXII.  It  (haU  not  be  lawful  for  any  foreign 
privateers,  not  belonging  to  fubjefta  of  the  moil 
chriilian  king,  nor  citizens  of  the  faid  united  ilates^ 
who  have  commiflions  from  any  other  prince  or  ilate 
in  enmity  with  either  nation,  to  fit  their  (hips  in  the 
ports  of  either  the  one  or  the  other  of  the  aforefaid 
parties,  to  fell  what  they  have  taken,,  or  in  any  other 
manner  whatfoever  to  exchange  their  (hips,  merchan- 
difes,  or  any  other  lading :  neither  (hall  they  be 
allowed  even  to  purchafe  vi£luals,  except  fuch  as  (hall 
be  neccflary  for  their  going  to  the  next  port  of  that 
prince  or  Itate  from  which  they  have  commiiilons.. 

XXIII.  It  (hall  be  lawful  for  all  and  finguhr  the 
fubjedls  of  the  mod  chriilian  kin?,  and  the  citizens,^ 
people,  and  inhabitants  of  the  faid  united  dates,  to 
fail  with  their  (hips  with  all  manner  of  liberty  and 
iecnrity,  no  didin^ign  being  mad,e  who  are  the  pro- 
prietors of  the  merchandifes  laden  thereon,  from  any 
port  to  the  places  of  thofe  who  now  arc  or  hereafter 
ihall  be  at  enmity  with  the  mod  chriilian  king  or  the 
united  dates.  It  (hall  likevvife  be  lawful  for  the  fut^ 
jedls  and  inhabitants  aforefaid,  to  (ail  with  the  (hipa 
and  merchandifes  aforementioned,  and  to  trade  with 
the  fame  liberty  and  fecurity  from  the  places,  port* 
and  havens  of  thofe  who  are  enemies  of  both  or  either 
party,  without  any  oppoiition  or  didurbance  whatfo- 
ever, not  only  diredlly  from  the  places  of  the  enemy 
aforementioned,  to  neutral  places ;  but  alfo  from  one 
placebelpngjng.to  an  enemy )  to  another  place  belong:^' 


■^1 


?% 


t    5«     ] 

ing  to  nn  enemy,  \vhether  they  be  under  the  jiiriiltc- 
tu)n  of  the  hme  prince,  or  under  feveral.  And  it  is 
hereby  llipulated,  that  free  (hips  (hall  alfo  give  a  frec- 
tlom  to  goods ;  and  that  every  thing  (hall  be  deemed  to 
l)c  free  and  exempt,  which  fliall  be  found  on  board  the 
fliips  belonging  to  the  fubjefts  of  either  of  the  con- 
federates, ahhough  the  whole  lading  or  any  part 
thereof  fliould  appertain  to  the  enemies  of  either, 
contraband  goods  •being  always  excepted.  It  is  alfo 
agreed  in  like  •manm:r,  that  the  fame  liberty  be  ex- 
tended to  perfofts  who  are  on  board  a  free  (hip,  with 
this  effeft,  that  although  they  be  enemies  to  both  or 
<ither  party,  they  are  not  to  be  taken  out  of  that 
free  fhip,  unlefs  they  are  foldiero  aiui  in  a&ual  fervice 
if  the  enemy. 

XXIV.  This  liberty  of  navigation  and  commerce 
ihall  extend  to  all  kinds  of  merchandifes, excepting  tliofe 
only  which  are  diftir  ^uiflied  by  the  name  of  contra- 
band, and  under  this  name  of  contraband  or  prohibit- 
ed goods  (hall  be  comprehended  arms,  great  guns, 
bombs,  with  the  fufees  and  other  things  belonging 
to  them,  cannon  ball,  gunpowder,  match,  pikes, 
fwords,  lances,  fpears,  halberdti,  mortars,  petards, 
grenades,  faltpetre,  mufkets,  muiket  ball,  bucklers, 
helmets,  breali  plates,  coats  of  mail,  and  the  like 
kinds  of  arms,  proper  for  arming  foldicrs,  mufl<v^- 
refts,  belts,  horfes  with  their  furniture,  and  all  other 
warlike  inftruments  whatever.  Thefe  merchandifes 
which  follow,  (hall  not  be  reckoned  among  contraband 
or  prohibited  goods ;  that  is  to  fay,  all  forts  of 
cloths,  and  all  other  manufaftures  woven  of  any 
wool,  flax,  filk,  cctton,  or  any  other  materials  what- 
ever ;  all  kinds  of  wearing  apparel,  together  with  the 
fpecies  whereof  they  are  ufed  to  be  made ;  gold  and 
iilver,  as  well  coined  as  uncoined,  tin,  iron,  latten, 
copper,  brafs,  coals;  as  alfo  wheat  and  barley,  and 
any  other  kind  of  corn  and  pulfe,  tobacco,  and  like- 
wife  all  manner  of  fplces,  filled  and  fmoaked  flcfti, 
falted  fi(h,  cheefe  and  butter,  beer,  oils,  wines,  fugars, 
and  all  forts   of    faltii,    and   in   general   all   provi-  iM| 


i; 

I 

(is 


s 

t 


i 


u- 


\i( 


*  w 


^1 


fions,  which  fen^e  for  the  nouriflwnent  of  mankind 
and  the  fuftenance  of  life ;  furthermore,  all  kinds  of 
cotton,  hemp,  flax,  tar,  pitch,  ropes,  cables,  fails, 
fail-cloths,  anchors,  and  any  parts  of  anchors,  alfo 
(hips,  mails,  planks,  boards,  and  beams  of  what  trees 
foever :  and  all  other  things  proper  either  for  building 
or  repairing  (hips,  and  all  other  goods  whatever  wlilch 
have  not  been  worked  into  the  form  of  any  inftrument 
or  th  ng  prepared  for  war  by  land  or  by  fea,  (hall  not  be 
reputed  contraband,  much  lefs  fuch  as  have  been  al- 
ready wrought  and  made  up  for  any  other  ufe ;  all  which 
(hall  be  wholly  reckoned  among  free  goods;  as  like- 
wife  all  other  merchandifes  and  things  which  are  not 
comprehended  and  particularly  mentioned  in  the  fore- 
going enumeration  of  contraband  goodq,  fo  that  thc^ 
may  be  trahfported  and  carried  in  the  freed  manner 
by  the  fubjc^ls  of  both  confederates,  even  to  places 
belonging  to  an  enemy — fuch  towns  or  places  being 
only  excepted,  as  are  at  that  time  befieged,  blocked 
up,  or  inveftcd.  .^.; :  r':-.  .r?.  •-   -^  '},'*H.  :^^\.j*..u  %<% 

XXV.  To  the  end  that  all  manner  of  diffentiona 
and  quarrels  may  be  avoided  and  prevented,  on  one 
(ide  and  the  other,  it  is  agreed,  that  in  cafe  either  of 
the  parties  hereto  (hould  be  engaged  in  war,  the  (hips 
and  velTels  belonging  to  the  fu'  je^s  or  people  of  the 
other  ally,  mull  be  furnifhed  with  fea  letters  or  palT- 
ports,  exprelfing  the  name,  property,  and  bulk  of  the 
(hip,  as  alfo  the  name  and  place  of  habitation  of  the 
mailer  or  commander  of  the  faid  (hip,  that  it  may 
appear  thereby  that  the  (hip  really  and  truly  belongs 
to  the  fubjeds  of  one  of  the  parties,  which  paiTport 
(hall  be  made  out  and  granted  according  to  the  form 
annexed  t  )  this  treaty.  They  (lia'l  llkewife  be  recalled 
every  year,  that  is,  if  the  fliip  happens  to  return  home 
within  the  fpace  of  a  year ;  it  is  likewife  agieed,  that 
fuch  (hips,  being  laden,  are  to  be  provided  not  only 
with  pafl'ports  as  above  mentioned,  but  alfo  with  cer- 
tificates, containing  the  feveral  particulars  of  the  car- 
go, the  place  whence  the  (hip  failed,  and  whither  (lie 
U  boun4 ;  that  fo  it  may  be  I:nown  whether  any  fQr -« 


■k;V--»i  ''l:.^t*'- 


C    53    3 


bidden  or  contraband  goods  be  on  board  tbe  fame  ; 
which  certificates  fhall  be  made  out  by  the  ofii(  ers  of 
the  place  whence  the  (hip  fet  fail,  In  the  accnftomed 
form :  and  if  any  one  fiiall  think  it  fit  or  advifeible 
to  exprefs  in  the  faid  certificates  the  perfon  to  whom 
the  goods  on  board  belong,  he  may  freely  do  fo.      ,  j 

XXVI.  The  fhlps  of  the  fubjeifts  and  inhabitants 
of  either  of  the  parties  coming  upon  any  coulls  be- 
longing to  either  of  the  faid  allies,  but  not  willing  to 
enter  into  port,  or  being  entered  into  port,  and  not 
willing  to  unload  their  cargoes  or  break  bulk,  they 
fhall  be  treated  according  to  the  general  rules  pre- 
fcrlbed  or  to  be  prcfcribed  relative  to  the  objedl  in 
queftion. 

XXVII.  If  the  fliJps  of  the  faid  fubjefts,  people, 
or  inhabitants  of  either  of  the  paities,  fhall  be  met 
with,  either  failing  along  the  coafts,  or  on  the  high 
feas,  by  any  (hips  of  war  of  the  other,  or  by  any 
privateers,  the  faid  fhlps  of  war  or  privateers  for  the 
avoiding  of  any  diforder,  fhall  remain  out  of  cannon 
fhot,  and  may  fend  their  boats  on  board  the  merchant 
fhip,  which  they  fhall  fo  meet  with  ;  and  may  enter 
her  to  the  number  of  two  or  three  men  only  ;  to  whom 
the  matter  or  commander  of  fuch  fhip  or  vefTel  fhall  ex- 
hibit his  pafTport,  concerning  the  property  of  the  fhip, 
made  out  according  to  the  form  inferted  in  this  pre- 
fent  treaty :  and  the  fhip,  when  flie  fhall  have  fhewed 
fuch  pafTport,  fhall  be  free  and  at  liberty  to  purfue  her 
voyage,  fo  as  it  fhall  not  be  lawful  to  moleft  or  fearch 
her  in  any  manner,  or  to  give  her  chafe,  or  force  her 
to  quit  her  Intended  courfe..v<iv    *(, 

XXVIII.  It  is  alfo  agreed,  that  all  goods,  when 
once  put  on  board  the  fliips  or  vefTels  of  either  of 
the  two  contracting  parties,  fhall  be  fubjedt  to  no 
further  vifitatlon  ;  but  ail  vifitation  or  fearch  fliall  be 
made  beforehand ;  and  all  prohibited  goods  fhall  be 
flopped  on  the  fpot  before  the  feme  be  put  on  board, 
unlefs  there  be  manifeft  tokens  or  proofs  of  fraudulent 
pradice :  nor  fhall  either  the  perfons  or  goods  of  the 


v: 


i 


,■•'(•■ 


N, 


i!   ( 


t    54    ] 


fubj«^£l8  of  Ills  moft  chriftian  majefty,  or  the  tfiiited 
ilates,  be  put  under  any  arreft,  or  molefted  by  any 
other  kind  of  embargo  for  that  caufe;  and  only  the 
fubjcft  of  that  ftatc  to  whom  the  faid  goods  have 
bttn  or  fliall  be  prohibited,  and  who  fhall  prefume 
to  fell  or  alienate  fuch  fort  of  goods,  fhall  be  duly 
punifhed  for  the  offence.  .  ^  * 

XXIX.  The  two  contrailing  parties  grant  mutu- 
ully  the  liberty  of  having  each  in  the  ports  of  the 
other,  confuls,  vice-confuls,  agents  and  coramiifaries, 
whofe  fun^ions  (hall  be  regulated  by  a  particular 
agreement. 

XXX.  And  the  more  to  favour  and  facilitate  the 
commerce  which  the  fubjedls  of  the  united  ftates  may 
have  with  France,  the  mod  chriflian  king  will  grant 
them  in  Europe,  one  or  more  free  ports,  where  they 
may  bring  and  difpofe  of  all  the  produce  and  mer- 
chandife  of  the  thirteen  united  ilates  ;  and  his  ma- 
jefty will  alfo  continue  to  the  fubje^ts  of  the  faid 
ftates,  the  free  ports  which  have  been  and  are  open 
in  the  French  iflands  of  America  ;  of  all  which  free 
ports  the  faid  fubje6^s  of  the  united  ftates  fhall  enjoy 
the  ufe,  agreeably  to  the  regulations  which  relate  to 
them.  -    r,.:iit^rl.:^   ■  -^     ,;   •ytirm-:^: 

XXXI.  The  prefeat  treaty  (hall  be  ratified  on  both 
fides,  and  the  ratifications  fhall  be  exchanged  in  the 
fpace  of  fix  months,  or  fooner,  if  poillble. 

i%n  faith  whereof  the  refpedive  plenipotentiaries  have 
fign'ed  the  above  articles,  bpth  in  the  French  and 
Englifh  languages  ;  declaring,  neverthelefs,  that  the 
prelent  treaty  was  originally  compofed  and  conclud- 
ed in  the  French  language  ;  and  they  have  hereto 
^      jiffixed  their  feals. 

Pone  at  Paris,  this  fixth  day  of  February,  one 
thowfand  feven  hundred  and  feventy-eight. 


r 


B.  FRANKLIN,      (L.  S. 


^r 


r-'v 


C.  A.  GERARD,  (L.  S.) 

_  (L.  S.) 

SILAS  DEANE,  (L.  S.) 

AJflTHUR  LEE,  (L,  S.) 


(,A|^_- 


^\ 


Treaty  of  Alliance 


EVENTUAL  ahd  DEFENSIVE, 


n' 


BETWEEN 


*»  s  >Vi-^;i}  ■ 


His  Mofi  Chrijlian  Majejiy  and  the  thirteen 
United  States  of  America. 


1- 


TH  E  moft  chriftian  king,  and  the  united  ftatos 
of  North  America,  to  wit,  New  Hamp/hire, 
Maffachufetts-bay,  Rhode  lOand,  Conne6):icut,  Ne\r 
York,  New  Jcrfey,  Pennfylvania,  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Cai-olina,  andt 
Georgia,  having  this  day  concluded  a  treaty  of  atni- 
ty  and  commerce,  for  the  reciprocal  advantage  of  their 
fubje^ts  and  citizens,  have  thought  it  neceffary  t^ 
take  into  confideration  the  means  of  flrengthening 
viofe  engagements,  and  of  rendering  them  ufeful  to 
the  fafety  and  tranquillity  of  the  two  parties;  parti- 
cularly in  cafe  Great-Britain,  in  refentment  of  that 
connexion,  and  of  the  good  correfpondence  which  is 
the  object  of  the  faid  treaty,  (hould  break  the  peace 
with  France,  either  by  direct  hoftilities,  or  by  hinder* 
ing  her  commerce  and  navigation  in  a  manner  cour 
trary  to  the  rights  of  nations,  and  the  peace  fubfift- 
ing  between  the  two  crowns.  And  his  majefty  and 
the  faid  united  ftates,  having  refolved  in  that  caie,  to 
join  their  councils  and  efforts  againft  the  enterprifes  of 
their  common  enemy — 

The  refpe6live  plenipotentiaries,  empowered  to 
concert  the  claufcs  and  conditions  proper  to  fulfil  the 
faid  intentions,  have,  after  the  moft  mature  delibe- 
ration, concluded  and  determined  on  the  following 
articles. 

I.  If  war  Hiould  break  6ut  between  France  and 
Great  Britain,  during  the  continuance  of  the  prefent 
war  between  the  united  ftates  and  England,  his  ma- 
jefty and  the  faid  united  ftates  ftiall  make  it  a  conh* 


Ml 


f. 


I 

* 

I 


\{  ,  «U  ! 


:  1' 


•  f' 


'•'^J-'' 


mon  eaufe,  and  aid  each  other  mutually  with  ihSi 
good  offices,  their  counfela,  and  their  forces,  accord- 
ing to  the  exiorence  of  conjiindlures,  a»  becomea 
good  and  faithful  allies. 

II.  The  efllntial  and  dire6l  end  of  the  prefent  de- 
feriflve  alliance  is,  to  maintain  efFe(ftually  the  liberty, 
fovereignty,  and  independence,  abfolute  and  unlimit- 
ed, of  the  fald  united  ftates,  as  well  in  matters  of 
government,  as  of  commerce.  "^^^^ 

III.  The  two  contracting  parties  fhall,  each  on  its 
own  part,  and  in  the  manner  it  may  judge  moft  pro- 
pei,  make  all  the  efforts  in  its  power  againft  their 
common  enemy,  in  order  to  attain  the  end  pro- 
pofedr  :-r^--''  ;-■■•■■:■ '.x--;-'';''^-''  .-■'r'-vf'-' 

•  IV.  The  contracting  parties  ag^ee,  that  in  cafe 
•ither  of  them  fhould  form  any  particular  enterprife^ 
in  which  the  concurrence  of  the  other  may  be  deilred, 
the  party,  whofe  concurrence  is  defired,  ihall  readily 
and  with  good  faith  join  to  aft  in  concert  for  that 
purpofe,  as  far  as  eircumftances  and  its  own  particular 
fituation  will  permit.  And  in  that  cafe^  they  fhall 
regulate  by  a  particular  convention,  the  quantity  and 
kind  of  fuccour  to  be  furnifhed,  and  the  time  and 
manner  of  its  being  brought  into  aftion,  as  well  as  th* 
advantages  which  are  to  be  its  compenfation. 

V.  If  the  united  ftates  fhould  think  fit  to  attempt 
the  redudlion  of  the  Britifh  power  remaining  in  the 
northern  parts  of  America,  or  the  iflands  of  Bermu- 
das, thofe  countries  or  iflands,  in  cafe  of  fuccefs,  fhall 
be  confederated  with,  or  dependent  upon  the  faid  u- 
nited  ftates. 

VI.  The  moft  chriftian  king  renounces  forever,  the 
pofTeffion  of  the  iflands  of  Bermudas,  as  well  as  of 
a^iy  part  of  the  continent  of  North  America,  which 
before  the  treaty  of  Paris,  in  1763,  or  in  virtue  of 
that  treaty,  were  acknowledged  to  belong  to  the  crown 
of  Great  Britain,  or  to  the  united  ftates,  heretofore 
called  Britifh  colonies,  or  which  are  at  this  time,  or 


■  ;.     ^v^^ji'j;*: 


'  V  ^  V 


V 


tecomcft 


C    57    ] 

iiave  lately  been  under  the  power  of  the  king  and  crown- 
of  Great  Britain.  ■:-.    ,      i^u  ii  -,  v 

VII.  If  his  moft  chriftian  mijefty  fhnll  think  pro- 
per to  attack  any  of  the  iflands  fituated  in  the  gulph 
of  Mexico,  or  near  that  gu^h,  which  are  at  prefent; 
under  the  power  flf  Great  Britain,  all  the  faid  ides, 
in  cafe  of  fuccefs,  (haU  appertain  to  the  crown  of 
France.  ;,,» 

VI I L  Neither  of  the  two  parties  (hall  conclude  ei- 
ther truce  or  peace  with  Great  Britain,  without  the 
formal  confcnt  of  the  other  fii*ft  obtained :  and  they 
mutually  engage  not  to  lay  down  their  arms,  until  the. 
independence  of  the  united  ftates  fhall  have  been  for- 
mally or  tacitly  afTured,  by  the  treaty  or  treaties  that ' 
(hall  terminate  the  war. 

IX.  The  contrail ng  parties  declare,  that  being  re-' 
folved  to  fuiBl  each  on  its  own  part,  the  claufes  and 
conditions  of  the  prefent  treaty  of  alliance,  according 
to  its  own  power  and  circumftances,  there  fhall  be  no/ 
after-claim  of  compenfation^  on  one  fide  or  the  other^j^ 
whatever  may  be  the  event  of  the  war..  ^'  ^*  *  ' 

X.  The  moll  chriftian  king  and  the  united  ftates 
agree  to  invite  or  admit  other  powers,,  who  may  have 
i^ceived;  injuries  from  England,  to  make  a  common- 
caufe  with  them,  and  to  accede  to  the  prefent  alliance,, 
under  fuch  conditions  as  fliall  be  freely  agreed. to,  and 
fettled  between  all  the  parties. 

XI.  The  two  parties  guarantee  mutually  from,  the 
prefent  time  and  forever,  againtt  all  other  powersi,t«)> 
wit,,  the  united  ftates  to  his  moft  chriftian   majcftyj, 
the  prefent  poflreflidns  of  the  crown  of  France  in  Ar 
merica,  as  well  as  thofe  which  it  may  acquire  by  t}>e 
future  treaty  of  peace  :  and  his  moft  chriftian  raajefty- 
guarantees  on  his  part  to  the  united  ftates,. their  liber-? 
ty,  fovereignty,  and  independence,  abfoliite  and  un- 
limited, as  well  in  matters  of  government,    as  com- 
merce— ^and  alfo  their  pofleffions,  and  the  additions  or 
conquefts  that  their  confederation  may  obtain  during 
tUe  war,  from  any  of  the  dominions  now  or  hcrctoforft? 


»^' 


,  •% 


II 


1  t 


55      f 


't  \  \ 


\  r 


m 


\^ 


v.. 


! 


Hi  V 


l.f 


'111 


IM 


C   58   3 

poficHed  by  Great  Britain  in  North  America,  con* 
formable  to  the  fifth  and  fixth  articles  above  written  ; 
the  whole,  as  their  poffefTions  (hall  be  fixed  and  affiir- 

^  cd  to  the  faid  ttates,  at  the  moment  of  the  ccffation 
of  their  prefent  war  with  England.  *    >«.; .  >r 

■^*--  XII.  In  order  to  fix  more  preclfclj''  the  fenfe  and 
application  of  the  preceding  article^  the  contrafting 
parties  declare,    that  in  cafe  of  a  rupture  between 

^  France  and  England,  the  reciprocal  guarantee  declar- 
ed In  the  faid  article,  (hall  have  Its  full  force  and  effcft, 

,  the  moment  fuch  war  fhall  break  out :  and  If  fuch  rup- 

j.  ture  (hall  not  take  place,  the  mutual  obligations  of 
the  faid  guarantee  fhall  not  commence  until  the  mo- 
ment of  the  ceffatlon  of  the  prefent  war,  between  the 

^,  united  dates  and  England,  Ihall  have  afcertained  their 
pofleflions. 

XIII.  Tlie  prefeat  treaty  ftiafl  be  ratified  on  both 
,fJ  fides,  and  the  ratification  (hall  be  exchanged  in  the 

;  fpace  of  fix  months,  or-fooner,  if  poflible. 

':       In  faith  whereof  the  refpeftlve  plenipotentiaries,  to 
wit,  on  the  part  of  the  moft  chrillian  king,  Conrad 
Alexander  Gerard,  royal  fyndic  of  the  city  of  Straf- 
bourg  and  fecretary  of  his  majefty's  council  of  ftate — 
and  on  the  part  of  the  united  ftates,  Bei^amin  Frank- 
lin, deputy  to  the  general  congrefs  from  the  ftate  of 
Pcnnfylvania,  and  pi*el>dent  of  the  converktion  of  faid 
vftate— Silas  Dcane,  heretofore  deputy  from  the  ftate 
•  -  of  Conne6l!cut — and  Arthur  Lee,  counfellor  at  law, 
vf  have  figned  the  above  articles  both  la  the  French  and 
^Englllh  languages;  declaring,  neverthelefs,  that  th^ 
prefent  treaty  was  originally  compofed  and  concluded 
'^  jn  the  French  language;  and  they  have  hereunto  affix*- 
r  <^l  their  fealr 

I>)nc  a*    /ar's,  this  fixth  day  of  Februar}'-,  one 
thoi  .anj  feven  hundred  and  fcventy-eight. 
^=  C.  A.  GERARD,    (L.  S.) 

B.  FRANKLIN,      (L.  S.) 
a^V  i^^^;  ;  SILAS  DEANE,     (L.  S.> 

"   ARTHUR  LEE,     (L.  S.) 


C    59    ] 


f 


The  Definitive 


BtTWEEN 


';■/*  I' I  J- 1  «(<  ' 


«,)  ;■'•!    .->!:,.■ 


Cr^^/  Britain  and  the  thirteen  United  States' 
v^    ^  Y  America,  -f  . 

/«  /y^tf  Name  of  the  Mojl  Holy  and  Undivided  Tnnitjp. 

IT  having  ^  t..    d  the  divine  providence  to  difpofo 
the  hearts  oi   the   mo(t  f.  -r-^*  and  moft  potent 
prince  George  the  third,,  by  the  grace  of  God,  kingr 
of  Great  Britain,  France,  and  Ireland,  defender  of 
the  faith,  duke  of  Brunfwick  and  Lunenburg,  arch 
treafurer  and  prince  ele6lor  of  the  holy  Roman  en> 
pire,  &c.  and  of  the  united  ftates  of  America,  to  for- 
get'all  paft   mifunderftandlngs  and  differences,   that 
have  unhappily  iaterrnpted  tlie  good  correfpondence 
and  frlendftiip  which  they  mutually  wi(h  to  rcftore — 
and  to  eilablifh  fuch  a  benelicial  and  fatlsfadlory  inter- 
courfe  between  the  two  countries,  upon  the  ground  of 
reciprocal  advantages  and  mutual  Gouvenlence,  as  may 
promote  ..rdfecupe  to  both  perpetual  peace  and  har- 
mony— and  having  for  this  defirable  end  already  laid 
the  foundation  of  peace  and  reconciliation,    by  the 
provlfional  articles,  figned  at  Paris,  on  the  30th  of  No- 
vember 1782,    by  the  commiflioners  empowered  on 
each  part,  which  articles  wcreagi*eed  to  be  inferted  In, 
and  to  conftitute  the  treaty  of  peace  propofcd  to  be 
concluded  between  the  crown  of  Great  Britain,  and 
the  fald  united  ftates,  but  which  treaty  was  r.ot  to  be 
concluded  until  terms  of  peace  ftiould  be  agreed  upon 
between  Great  Britain  and  France>  and  his  Britannic 
majefty  (hould  he  ready  to  conclude  fuch  treaty  ac- 
cordingly— and  the  treaty  between  Great  Britain  and 
France  having  frnce  been  concluded,  his  Britannic  ma- 
jefty and  the  united  ftates  of  America,  in  order  to  car- 
ry into  full  effedt  the  provlfional  articles  above  menti- 
oned, according  to  the  tenor  thereof,  have  conftituted 
and  appointed,  that  is  to  fay,  his  Britannic  majefty  on 
kis  part,  David  Hartley,  efq.  menribcr  of  the  parliament 


I 


f 

4 


;vl 


C    60    ] 


:H  ! 


of  Great  Britain  ;  and  the  fald  united  ftates  on  their 
part,  John  Adams,  efq.  late  a  commiflioner  of  the  u- 
nited  Hates  of  America,  at  the  court  of  Verfailles,  late 
delegate  in  congr\.r  from  the  ftate  of  MafTachufetts, 
and  chief  jultlce  of  the  fald  ftate,  and  minifter  pleni- 
potentiary of  the  faid  united  ftate?,  to  their  high 
mightinefles  the  ftates-general  of  the  united  Nether- 
lands; Benjamin  F -^nLlin,  efq.  late  delegate  ia  con- 
grefs,  from  the  ftate  of  Peni^fylvania,  prefident  of  the 
convention  qf  the  faid  ftate,  and  minifter  plenipotenti- 
ary from  the  united  ftates  of  America  at  the  court  of 
Verfailles ;  and  John  Jay,  efq.  late  prefident  of  con- 
grefs^  chief  juftice  of  the  ftate  of  New  York,  and  mi- 
nifter plenipotentiary  from  the  faid  united  ftates  at  the 
court  of  Madrid— to  be  the  plenipotentiaries  for  the 
concluding  and  figning  the  prefent  definitive  treaty  ; 
who,  after  having  reciprocally  commu  Ated  their  re- 
fpeftive  full  powers,  have  agreed,  upon  and  confirmed, 
.'the  following  articles*. 

Art.  I.   His.  Britannic  majefty  acknowledges  the 
faid  united  ftates,  viz*  New  Hampftiire,  Maflachufetts- 
bay,  Rhode  Idand,  and  Providence  plantations,  Con- 
nedlicut,  New  York,  New  Jerfey,  Pcnnfylvania,  Dela- 
ware, Maryland,  Virginia,  North  Carolina,  South  Ca- 
rolina, and  Georgia,  to  be  free*,  fovereign,  and  inde- 
pendent ftates  j  that  he  treats  with  them  as  fuch,  and 
.for  himfelf,  his  heirs  and  fuccefTors,.  relinquiflies  all 
claims  to  the  government,,  propriety,  and  territorial 
rights  of  the  fame,  and  every  part  thereof, 
..     II.  And  that  all  dfputes,  which  might  arifc  in  fu- 
ture, on  the  fubje^l  of  the  boundaries  of  the  faid  unit- 
ed ftates,  may  be  prevented,,  it  is  hereby,  agreed  and. 
declared,,  that  the  following  are  and  ftiall  be  their  boun-. 
daries,  viz.  from  the  northweft  angle  of  Nova  Scotia, , 
viz.  That  angle  which  is  formed  by  a  line  drawn  due 
north  from  the  fource  of  St.- Croix  river  to  the  high-, 
lands,  along  the  faid  highlands,  which  divi'de  thofe  ri- 
vers that  empty  themfelves  into  the  river  St.  Lawrence, 
from  thofe  which  fall  into  the  Atlantic  ocean,  to  th«; 
ftorth-welWrnmoft  head  of  Conncdicut  river  ^  theixc*: 


.Jbtt*-' 


L    6i    ■} 

down  along  the  middle  of  that  river  to  the  forty-fifrh 
degree  of  north  latitude  ;  from  thence  by  a  line  due 
weli  on  faid  latitude,  until  it  ilrikes  the  livcr  Iroquois 
or  Cataraquy ;  thence  along  the  middle  af  faid  ri- 
ver into  lake  Ontario  ;  through  the  middle  of  faid  lake 
until  it  ilrikes  the  communication  by  water  between 
that  lake  and  lake  Erie ;  thence  along  the  middle  of 
faid  communication  into  lake  Erie  ;  through  the  mid- 
dle of  faid  lake  until  It  arrives  at  the  water  communi- 
cation between  that  lake  and  lake  Huron  ;  thence  a- 
long  the  middle  of  faid  water  communication  Into  the 
lake  Huron  j  thence  through  the  middle  of  faid  lake 
to  the  water  communication  between  that  lake  and 
lake  Superior ;  thence  through  lake  Superior  north- 
ward of  the  ifles  Royal  and  Philipeaux  to  the  Long' 
lake ;  thence  through  the  middle  of  faid  Long  lake 
and  the  water  communication  between  it  and  the  lake 
of  the  Woods,  to  the  faid  lake  of  the  Woods;  thence 
through  the  fdJd  lake  to  the  moft  north-weftern  point 
thereof,  and  from  thence  on  a  due  weft  couife  to  the  ri- 
ver Mifliffippi  ;  thence  by  a  line  ta  be  di-awn  along 
the  middle  of  the  faid  river  Mifliffippi  until  it  fhait 
interfeft  the  northernmoft  part  of  the  thirty-firft  degree 
of  north  latitude.  South,  by  a  line  to  be  drawn  due 
eaft  from  the  determination  of  the  line  laft  mentioned 
in  the  latitude  o£thirty-o»e  degrees  north  of  the  equa- 
tor, to  the  middle  of  the  river  Apalachlcola,  or  Cata>- 
houche  ;  thence  along  the  middle  thereof  to  Its  junc- 
tion with  the  Flint  river  ;  thence  ftrait  to  the  head  of 
St.  Mary's  river  ;  and  thence  dowa  along  the  middle 
of  St.  Mary's  river  to  the  Atlantic  ocean.  Eaft,  by  a 
line  to  be  drawn  along  the  middle  of  the  river  St. 
Croix,  from  its  mouth  In  the  bay  of  Fundy,  to  Its 
fource,  and  from  its  fource  dire<tlly  north  to  the  afore- 
faid  highlands,  which  divide  the  rivers  that  fiiU  Into 
the  Atlantic  ocean,  from  thofe  which  fall  Into  the  ri- 
ver St.  Lawrence,  comprehending  all  iflanda  within 
twenty  leagues  of  any  part  of  the  fliores  of  the  united 
ftates,  and  lying  between  h'nes  to  be  drawn  due  eaft 
from.the  points  where  the  aforelkid  bqundaiie*  b^twecit 


f" 


-i- 


t    6*    ] 

Nova  ScotTaon  the  one  part,  and  Eaft  Florida  on  the 
other,  (hull  rofpcdllvcly  touch  the  bay  oi  Fiindy,  and 
the  Atlantic  ocean,  excepting  fuch  idands  as  now  are, 
or  heretofore  have  been  withm  the  limits  of  the  faid 
province  of  Nova  Scotia. 

III.  It  is  agreed,  that  the  people  of  the  united 
ftates  fhaJl  continue  to  enjoy,  unmolefted,  the  right 
to  take  fifh  of  every  kind  on  the  Grand  B-ank,  and 
on  all  the  other  banks  of  Newfoundland,  alfo  in  the 
giilph  of  St«  Lawrence,  and  at  all  other  places  in  the 
lea,  where  the  inhabitants  of  both  countries  ufcd  at 
any  time  heretofore  to  fifti.  And  alfo,  that  the  inha* 
bitants  of  the  united  ilates  (hall  have  liberty  to  take 
fifh  of  every  kind  on  fuch  part  of  the  coaft  of  New- 
foundland, as  Britifh  fi/hermen  (hall  ufe  (but  not  to 
dry  or  cure  the  fame  on  that  illand)  and  alfcr  on  the 
coalls,  bays  and  creeks  of  all  otl\er  of  his  BritaDuic 
majufty's  dominions  in  America  j  and  that  the  Ame- 
rican fidiermen  (hall  have  liberty  to  dry  and  cure  fifli 
in  any  of  the  unfettled  bays,  hai'bours  and  creeks  of 
Nova  Scotia,  Magdalen  iilands,  and  Labrador,  fo 
long  as  the  fame  (ball  remain  unfettkd ;  but  fo  Toon 
as  the  fame  or  either  of  them  (hall  be  fettled,^  it  (hall 
not  be  lawful  for  the  faid  fifhermen  to  dry  or  cure  fiih 
at  fuch  fettlement,  without  a  previous  agreement  for 
that  purpofe,   with  the  inhabitants,    proprietors,,  or 

*  pofieffors  of  the  ground, 

IV.  It  is  agreed,  that  creditors  on  either  fide, 
•fhall  meet  with  no  lawful  impediment  to  the  recovery 
of  the  full  value,  in  fterling  money,  of  all  bona  fide 
debts  heretofore  contradled. 

V.  It  is  agreed,  that  the  congrefs  fliall  eameftly 
recommend  it  to  the  legiflatures  of  the  refped^ive 
•ftates,  to  provide  for  the  reftitution  of  all  eftates, 
rights,  and  properties,  which  have  been  confifcated, 

,  belonging  to  real  Britifh  fubjedts :  and  alfo  of  the 
eftates,  rights,  and  properties  of  perfons  refident  in 
diftridts  in  the  poffeffion   of  his  majefty's  arms,  and 

.  who  have  not  borne  arms  againft  the  faid  united 
ilates ;  aod  that  perlbns  of  any  other  defcription,  ftiall 


bavc  free  liberty  to  go  to  any  part  or  parts  of  any  of 
the  thirteen  united  Hates,  and  therein  to  remain  twelve 
months  unmolelled,  in  their  endeavoi.rs  to  obtain  the 
reftitution  of  fuch  of  t)»eir  eftates,  riglits,  and  pro- 
perties, as  may  have  been  conBfcated ;  and  that  con- 
grefs  fhall  alfo  eari>jftly  recommend  to  the    fcveral 
itatefi,  a  re-confideration   and  revifion   of  all  afts  or 
laws  regarding  the  premlfes,  fo  as  to  render  the  fald 
laws  or  afts  perfeftly  confillcnt,  not  only  with  juftice 
and  equity,  but  with  that  fpirit  of  conciliation,  which, 
on  the  return  of  the  bkflings  of  peace,  (hould  uni- 
verfally  prevail :  and  ♦hat  congrefs  (hall  alfo  eamettly 
recommend    to  the   fcveral   ftates,    that   the    eftates, 
rights,  and  properties  of  fuch  laft  mentioned  pcrfons . 
/hall  be  reftored  to  them,  they  refunding  to  any  per- 
fons  who  may  be  now  in  poflcllion,  the  bona  fide  price 
(where  any  has  been  given)  which  fuch  perfons  may 
have  paid,  on  purchafing  any  of  the  faid  lands,  rights, 
or  properties  fince  the  confifcation.    And  it  is  agreed, 
that  all  perfons,    who    hare   any    intereft   in    confif- 
cated  lands,  either  by  debts,  manriage-fel elements,  or 
otherwife,  (hall  meet  with  no  lawful  Impediment  in 
the  profecution  of  their  juft  rights. 

VI.  That  there  fhall  b«  no  future  confifcatioijs 
made,  nor  any  profecutions  commenced  againft  any 
perfon  or  perfons  for,  or  by  reafon  of  the  pare  which 
he  or  they  may  have  taken  in  the  prefent  war :  and 
that  no  perfon  (hall,  on  that  account,  fuffer  any  future 
iofs  or  damage,  either  in  his  perfon,  liberty,  or  pro- 
perty :  and  that  thofc,  who  may  be  in  confinement 
on  fuch  charges,  at  the  time  of  the  ratification  of  the 
treaty  in  America,  (hall  be  immediately  fet  at  liberty, 
find  the  profecution,  fo  commenced,  be  difcontir;ucd. 

VII.  There  (hall  be  a  firm  and  perpetual  peace  be- 
tween his  Britannic  majeily  and  the  faid  ftates,  and 
between  the  fubjetls  of  the  one,  and  the  citizens  of 
the  other;  wherefore  all  hoftllities  both  by  fea  and 
land  (hall  from  henceforth  ceafe  :  all  prifoners  on  both 
fides  (liall  be  fet  at  liberty  ;  and  his  Britannic  majefty 
fliall,  with  aU  convenient  fpeed,  and  without  caufing 


i 


I 


fi'.ll 


I 


.f:  ■*■ 


.U*   3 


tiny  (Icftruftlon,  or  carrying  away  any  hegroes,  or 
other  property  of  the  American  inhabitants,  with- 
draw all  his  armies,  garrlfons,  and  fleets  from  the  faid 
lUHtcd  dates,  and  from  every  poft,  place,  and  harbour 
within  the  fame,  leaving  in  all  fortifications  the  Ame- 
rican artillery  that  may  be  therein ;  and  fl\all  alfo  or- 
der and  caufe  all  archives,  records,  deeds,  and  papers 
belonging  to  any  of  the  faid  flates,  or  their  citizens, 
whi<ih  in  the  courfe  of  the  war,  may  have  fallen  into 
the  hands  of  his  officers,  to  be  forthwith  reftored, 
and  delivered  to  the  proper  ilates  and  perfons  to  whom 
they  belong. 

VIII.  The  navigation  of  the  river  Mifliflippi,  from 
Its  fource  to  the  ocean,  fliall  for  ever  remain  free  and 
open  to  the  fubjtd^s  of  Great  Britain  and  the  citizens 
of  the  united  flates. 

IX.  In  cafe  it  fhould  fo-  happen,  that  any  place  or 
territory  belonging  to  Great  Britain,  or  to  the  united 
flates,  ihould  have  been  conquered  by  the  arms  of 
cither  from  the  other,  before  the  arrival  of  the  faid 
provifional  articles  in  America,  it  is  agreed  that  the 
fame  (hall  be  rejUored  without  difficulty,  and  without 
requiring  any  compenfatlon.  ?....vt-^  -  '• 

X.  The  folemn  ratifications  of  the  prcfent  treaty, 
expedited  in  good  and  due  form,  (hall  be  exchanged 
between  the  contraAing  parties  in  the  fpace  of  fix 
months,  oi'  fooner,  if  pollible,  to  be  computed  from 
the  day  of  the  fignature  of  the  prefent  treaty.  In  wit- 
nefs  whereof,  we  the  underfigned,  their  minifters  ple- 
nipotentiary, have,  in  their  name,  and  in  virtue  of  our 
full  powers,  (igncd  with  our  hands,  the  prefent  defi- 
pitive  treaty,  and  caufed  the  feals  of  our  arms  to  be 
affixed  thereto. 

Done  at  Paris,  this  third  day  of  September,  one 
f  thoufand  feven  hundred  and  eighty-three. 

DAVID  HARTLEY,  (L.  S.) 


:h 


JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY, 


(L.  S.) 
(L.  S.) 
(L.  S.) 


>. 


♦•■  k,>   ^ 


=^ 


CONSTITUTION 


OF   THE 


United  States. 


a  i 


>'«4'^< 


>••►•- 


•'      I 


W£,  the  people  of  the  united  llates,  '.."  oriler 
to  form  a  more  perfe£^  union,  e{i'oJ(h  juf- 
tice,  infure  domeftic  tranquillity,  prov.J  fortheco  '- 
mon  defence,  promote  the  general  we  far«:,  and  fecure 
the  blefilings  of  liberty  to  ourfelves  an'd  our  pofterity, 
do  ordain  and  eftabliih  this  conftitution  for  the  united 
'ftatrs  of  America.  * 


A    R    1 


C    L    E      1. 


s    E   <;   T   I    O   N      I. 


ALL  legiflative  powers  herein  granted,  (hall be 
Teiled  in  a  congrefft  of  the  .i«tted  dates,  which  ihall 
confifi  of  a  fenate  and  houfe  of  reprefentatives. 


SECTION       II. 


J.  The  houfe  of  reprefentatives  (hall  confift  of  mem- 
bers chofen  erery  fecond  year,  by  the  people  of  the 
feveral  ftates ;  and  the  eledors,  in  each  ftate,  Aiall 
have  thequalifialtionsrequifite  for  eleffcors  of  the  mofk 
numerous  branch  of  the  ftate  legiflature. 

2.  No  petfon  ihali  be  a  reprefentative,  who  (hall 
not  have  attaiped  to  the  age  of  twenty-five  years,  and 


^ 


:■ 


m 

N 


I 


nil 


W 
hi 


11 

III 


> 

.^>«.- 


C     6t     ] 


been  feven  years  a  citizen  of  the  united  ftates ;  and 
who  (hall  not,  when  ele<^ed,  be  an  inhabitant  of  that 
£late  in  which  he  (hall  be  chofen. 

3.  Reprefentatives,  and  direct  taxes  Ihall  be  appor- 
fioned  among  the  feveral  ftates,  which  may  be  included 
in  this  un'on,  according  to  their  refpedtive  numbers, 
which  [i.:.ii  be  determined  by  adding  to  the  whole 
number  of  free  perfons,  including  thofe  bound  to  ferve 
for  a  term  of  years,  and  excluding  Indians  not  taxed, 
three-fifths  of  all  other  perfons.  '  The  aAual  enume- 
ration (hall  be  made  within  three  years  after  the  firft 
meeting  of  the  congrefs  of  the  united  ftates;  and 
within  every  fubfequent  term  of  ten  years,  in  fuch 
manner  as  they  (hall  by  law  dire<El.  The  number  of 
reprefentatives  (hall  not  exceed  one  for  every  thirty 
thoufand :  but  each  ftate  (hall  have  at  feaft  one  re- 
prefentative :  and,  until  (lich/ehutneration  (hall  be 
made,  the  ftate  of  New-Hahipfhire  fhall  be  entitled 
to  choofe  three ;  MaflTachufttts  eight ;  Rhodc-Idand 
and  Providence  Plantations  one;  Conne6iicut  five; 
New-York  fix ;  New-Jerfey  four ;  Pennfylvania  eight ; 
Delaware  one  ;  Maryland  fix  ;  Virginia  ten  ;  North- 
Carolina  five;  South-Carolina  five  ;  and  Georgia  three. 

4.  When  vacancies  happen  in  the  reprefentation 
from  any  ftate,  the  executive  authority  thereor(hall 
iffue  writs  of  eleftion  to  fill  fuch  vacancies. 

5.  The  houfe  of  reprefentatives  (hall  choofe  their 
fpeaker  and  other  officers;  and  (hall  have  the  fole 
f  ower  of  impeajphmentyi 

,  ,    *^S    E    C    T    I    O    N      im 

*"  I.  The  fcnate  of  the  ijnited  ftates  (hafllie  compofed 
of  two  fen ators  from  each  ftate,  cbofen  by  the  Jegif- 
lature  thereof,  for'fui  'years :  arid  each  -fenator  (hall 
have  one  vote. 

^ '  f .  Immediately  after  they  ftiall  be  a(remblcd,  in 
confequence  of  the  firft  eleiSiion,  th?y  ifhall  be  divided, 
ds  equally  as  may  be,  into  three  clalTes.  Tl.e  feats  of 
the  -fenators  of  the  firft  clafs  ftiall  be  vacated  at  the 


C     63     ]( 

expiration  of  the  fecond  year ;  of  the  fecond  clafs,  bX 
the  expiration  of  the  fourth  year ;  and  of  the  third 
clafs,  at  the  expiration  of  the  fixth  year :  fo  that  one- 
third  may  be  chofen  every  fecond  year.  And  if  va- 
cancies happen,  by  refignation  or  otherwife,  during 
the  recefs  of  the  legiflature  of  any  ftate,  the  executive 
thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legiflature,  which  ftia  1  then  fill 
fuch  vacancies. 

3.  No  perfon  fliall  be  a  fenator,  who  (hall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  united  Hates;  and  who  fliall  not,, 
when  elected,  be  an  inhabitant  of  that  Hate  for  which 
he  fliall  be  chofen. 

4.  The  vice-prefident  of  the  united  ftates  fliall  be 
prelident  of  the  fenate ;  but  fliall  have  no  vote,  unlefe^ 
they  be  equally  divided.  '^^' 

5.  The  fenate  fliall  choofe  their  other  officers,  and 
alfo  a  prefident  pro  tempore,  in  the  abfence  of  the 
vice-prefident,  or  when  he  fliall  exercife  the  office  of 
prefixlent  of  the  united  ftates.  "rV'V  ?  -    '  ^ 

6.  The  fenate  fliall  have  the  fo|ie  power  to  try  all 
impeachments.  When  letting  for  that  purpofe,  they 
ihall  be  on  oath  or  affirmation.  When  the  prefident 
of  the  united  ftates  is  tried,  the  chief  juftice  fliall 
prefide  :  and  no  perfon  fliall  be  conviAed,  without  the 
concurrence  of  two-thirds  of  the  members  prefent. 

7.  Judgment,  in  cafes  of  impeachment,  fliall  not 
extend  further  than  to  removal  from  office,  and  dif- 
qualification  to  hold  and  enjoy  any  office  of  honour,. 
tnift,  or  profit,  under  the  united  ftates.  But  the^ 
party*  convlded  fliall,  neverthelefs,  be  liable  and  fub- 
jedt  to  indldment,  trial,  judgment,  and  punifliment 
according  to  lavyr. 

SECTION       IV. 

I.  The  times,  places,  and  manner  of  holding  elec- 
tions for  fenators  and  reprcfentatives,  fliall  be  pre- 
fcvibed  in  each  ftate  by  the  legiflature  thereof ;  but 


I 


m 


■|'1 


^mn 


u 


\f^ 


4' 


'ft 


>> 


I  64  1 


m 


iii'i 


IRc  coDgrefs  may,  at  any  time,  by  law,  make  or  after 
fuch  regulations,  except  as  to  the  places  of  choofing 
fenators. 

2,  The  congrefs  fhall  aflemble  at  leaft  once  in  every 
year :  and  fuch  meeting  ftiall  be  on  the  firft  Monday 
in  December,  unlefs  they  fhall  by  law  appoint  a  di& 
ferent  day,  ;   4 

*'^'  SECTION       T. 

n-' 

1.  Each  houfc  (half  be  the  judge  of  the  eleftions, 
returns  and  qualifications  of  its  own  members :  and 
a  majority  of  each  (hall  conftitute  a  quorum  to  do 
bufincfs:  but  a  fmaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorlfed  to  compel  the  attend- 
ance of  abfent  members^  in  fuch  manner,  and  under 
fuch  penalties  as  each  houfe  may  provide. 

2.  Each  houfe  may  determine  the  rules  of  Tts  pro- 
<  ceedings ;  punifli  its  members  for  drforderly  behavi- 
our J  and,  with  the  concurrence  of  two-thirds,  expd 
a  member. 

3.  Each  houfe  fhall  keep  a  journal  of  its  proceed- 
ings;  and,  from  time  to  time,  publifh  the  fame,  ex- 
cepting fuch  parts  as  may  in  their  judgment  require 
fecrecy  :  and  the  yeas  and  nays,  of  the  members  of 
cither  houfe,  on  any  queftion,  (hall,  at  the  defire  of 
one-fifth  of  thofe  prefent,  be  entered  on  the  journal. 

4i  Neither  houfe,  during  the  fcffion  of  congrefs-, 
vihall,  without  tlie  confent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to-  any  other  place  than 
that  in  which  the  two  houfes  fhall  be  fitting. 


SECTION       TI. 


r.  The  fenators  and  reprcfentatives  fhall  receive  a 
compenfation  for  their  fervices,  to  be  afcertained  by 
law,  and  paid  out  of  the  treafury  of  the  united  flates. 
They  fhall,  in  all  cafes,  except  trcafon,  felony,  and 
breach  of  the  peace,  be  privileged  from  arrefl,  during 
their  attendance  at  the  feffion  of  their  refpeftive  hou? 
fts,  and  in  going  to^  and  returning  from  the  fame  ** 


n.^ 


•     [   65    ]  :      ^ 

and  for  any  fpeech  or  debate  in  either  houfe,  they 
fhall  not  be  queftioned  in  any  other  place. 

2.  Nn  Cenator  or  reprefentative  fhall,  during  the 
time  for '.hich  he  was  eleded,  be  appointed  to  any 
civil  office,  under  the  authority  of  the  united  ftates, 
which  fhcdl  have  been  created,  or  the  emoluments  of 
which  fliaii  have  been  increafed,  during  fuch  time  : 
and  no  perfon,  holding  any  office  under  the  united 
ftates,  ihall  be  a  member  of  either  hqufe^  during  his 
coutInuaac«  in  office. 


i  (  ^r-tr  .* 


S    E    C    T    I    O    H       VII, 


1.  All  bills,  for  raifmg  revenue,  fhall  originate  in 
the  houfe  of  reprefeatatives :  but  the  fenate  fhall  pro- 
pofe  or  concur  with  amendments,  as  on  other  bills. 

2.  Every  bill,  which  fhall  have  paffed  the  houfe  of 
reprefentatives  and  the  fenate,.  fhall,  before  it  become 
a  law,  be  prefented  to  the  prefident  of  the  united 
ftates.  If  he  approve,  he  fhall  fign  it :  but  if  not, 
he  fhall  return  it,  with  his  obje<^ions,  to  that  houfe, 
in  which  it  fhall  have  originated,  who  fhall  enter  the 
obje(ftions  at  large  on  their  journal,  and  proceed  to 
rcconfider  it.  If,  after  fuch  reeoniideration,  two-thirda, 
of  that  houfe  fhall  agree  to  pafs  the  bill,  it  fhall  be 
lent,  together  with  the  objeftions,  to  the  other  houfe, 
by  which  it  fhall  likeAyjfe  be  reconlidercd :  and,  if  ap- 
proved by  two-thirds  of  that  houfe,  it  fhall  become  a 
law.  B-ut,  in  all  fuch  cafes,  the  votes  of  both  houfes 
fhall  be  deteripined  by  yeas  and  nays:  and  the  names 
of  the  pecfaus  voting  for  and  agaiiill  the  bill,  fhall  be 
entered  on  the  journal  of  each  houfe  refpeftively.  If 
any  bill  fhall  not  he  returned  by  the  prefident,  within 
ten  days  (Sundays  excepted)  after  it  fhall  have  been 
prefented  to  iiim,  the  fame  (hall  be  a  law,  in  Hke  man- 
ner as  if  he  had  figned  it,  unlefs  the  congrefs,  by 
their  ai:^^^^*"'^'^^"^*  prevent  its  return  5  in  which  cafe 
it  fhall  not  be  a  law. 

3.  Every  order,  refplutjon,  or  yot^>  to  which  the 
concurrence  of  the  fenate  and  houfe  of  reprefenta* 

G  2 


.i:'V 


.*'. 


<f. 


■J'.     • 

K^i^ 

|,i" 

mm 

.  j- 

r  ;.*• 

kH 

I:    [■ ' 

Rijl 

^T 

1  ' 

'.'li 


r  65  j 


tives  may  Be  ncceffary  ("except  on  a  quef^Ion  of  adi- 
journment)  fliall  be  prelented  to  the  prefident  of  the 
united  flates ;  and,  before  the  fame  fhall  take  effe^^, 
be  approved  by  him ;  or,  being  difapproved  by  him, 
fhall  be  repafled  by  two-thirda  of  both  houfes,  ac- 
cording to  the  rules  and  limitations  preferibed  in  the 
cafe  of  a  bill. 

SECTION       Vlir.  '■   :      ^       >         V 

The  congrcfs  fhaH  have  power 

1.  To  lay  and  colled  taxes,  duties,  impofts,  and 
excifcs,  to  pay  the  debts,  and  provide  for  the  common 
defence,  and  general  welfare,  of  the  united  ftates : 
but  all  duties,  impofls,  and  excifes,  (hall  be  uniform 
throughout  the  united  ftates. 

2.  To  borrow  money  on  the  credit  of  the  united 
ftates.       ■•-^■^  •■'^■;v  >■   ^:         -.         ..  .-i    '^  '■■■;.■■ -Tv,, 

5.  To  regulate  commerce  with  foreign  nations,  and 
among  the  feveral  ftates,  and  with  the  Indian  tribesr 

4.  To  eftablifli  an  uniform  rule  of  naturalization, 
and  uniform  laws  on  the  fubjed  of  bankruptcies, 
throughout  the  united  ftates.  if^ri'v  ■'*:^- 

5.  To  coin  money  j  regulate  the  value  thereof,  and 
of  foreign  coin  ;  and  fix  the  ftandard  of  weights  and 
meafures. 

6.  To  provide  for  the  punifhment  of  counterfeiting 
the  fecurities  and  current  coin  of  the  united  ftates. 

7.  To  eftablifh  poft-offices  and  poft-roads. 

8.  To  promote  the  progrefs  of  fcience  and  ufcril 
arts,  by  fecuring,  for  limited  times,  to  authors  and 
inventors,  the  exdufive  right  to  their  refpe^kive  writ- 
ings and  difcoveries. 

9.  T«  conftitute  tribunals  inferior  to  the  fupreme 
court. 

10.  To  deBne  and  punifh  piracies  ^nd  feloniea 
committed  on  the  high  feas,  and  offences  againft  the 
law  of  nations. 

1 1.  To  declare  war ;  grant  letters  of  marque  ^od 
reprifal ;  and  make  rules  conceraiiig  captures  on  l^d 
iuid  water.  '^  "^ 


r  <37  J 

f2.  To  wife  and  fupport  armies.  But  no  appro- 
pmtion  of  money  for  that  ufe,  (hall  be  for  a  longer 
term  than  two  years. 

13.  To  provide  and  maintain  a  navy. 

14.  To  make  rules  fbr  the  government  and  regula- 
tion of  the  land  and  naval  forces. 

15.  To  provide  for  calling  forth  the  militia,  to  ex- 
ecute the  laws  of  the  union,  fupprcfs  infurre6lions, 
and  repel  invafions. 

16.  To  provide  for  organizing,  arming,  and  dif- 
ciplining  the  militia,  and  for  governing  fuch  part  of 
them  as  may  be  employed  in  the  fervfce  of  the  united 
ftates :  referving  to  the  ftates  refpedively  the  appoint- 
ment of  the  officers,  and  the  authority  of  training  the ' 
militia  according  to  the  difcipline  prefcrfbed  by  con- 
grefs.        '-r-  V     ---:'■  ^       '  '  ;        ^.^  -^ 

17.  To  exercife  exclufive  legifJatlon,  in  all  cafes 
whatfoever  over  fuch  diftridt  (not  exceeding  ten  miles 
fquare)  as  may,  by  ceffion  of  particular  ftates,  and 
the  acceptance  of  congrefs,  become  the  feat  of  the 
government  of  the  united  ftates  ;  and  to  exercife  like 
authority  over  all  places  purchafed  by  the  confent  of 
the  legiflature  of  the  ftate  in  which  the  fame  ftiall  be, 
for  the  ere6iion  of  fortF,  magazines,  arfenals,  dock^ 
yards,  and  other  needful  buildings :  and 

18.  To  make  aU  laws,  which  ihall  be  neceffary  and 
proper  for   carrying    into   execution    the    foregoing 
powers,  and  all  other  powers  vefted  by  this  conftttu- 
tion  in  the  government  of  the  united  ftates^  or  in  any  ^ 
department  or  officer  thereof.  * 


iiii.i,-- 


SECTION      IX« 


I.  The  migration  or  importation  of  fuch  perfons* 
98  any  of  the  ftates  now  exifting,  ftiall  think  proper 
to  admit,  ftiaU  net  be  prohibited  by  the  congrefs, 
prior  to  the  year  one  thoufand  eight  hundred  and 
eight :  but  a  tax  or  duty  may  be  impofed  on  fuch  in>> 
portationi  not  excdeding  ten  dollars  for  each  perfon.  ^^ 


1 4 


;  •>■    ■*! 


•1?T.»' 


.-% 


)    , 


lilil 


^mU' 


s. 


I    69    j 


2.  The  privilege  of  the  writ  of  habeas  corpus  (hall 
not  be  fufpendedy  unlefs  when,  in  cafes  of  rebellion 
or  invafion,  the  public  fafety  may  require  it. 

3.  No  bill  of  attainder^  or  ex  poft  fadto  law,  fhall 
be  palled.         '  •;  -       ^  '-    *>  -^qv;  / 

4.  No  capitation  or  other  direft  tax  fhall  be  laid,, 
unlefs  in  proportion  to  the  cenfys  or  enumeration 
herein  before  direfted  to  be  taken»    .       '  :     •:*  '  \     , 

5.  No  tax  or  duty  (hall  be  laid  on  articles  exported 
from  any  ftate.  No  preference  (hall  be  given,  by  any 
regulation  of  commerce  or  revenue,  to  the  ports  of. 
t)ne  ftate  over  thofe  of  another:  nor  fhall  veflfels, 
bound  to  or  from,  one  ftate,  be  obliged  to  enter,  clear, 
or  pay  duties  in  another. 

6.  No  money  fhall  be  drawn  from  the  treafury,  but 
m  confequence  of  appropriations  made  hy  law  :  and  a 
regular  ftatement  and  account  of  the  receipts  and  ex- 
penditures of  all  public  money  fhall  be  publifhed  from 
time  to  time. 

7.  N(»  title  of  nobility  fhall  be  granted  by  thr 
united  ftates.  And  no  perfon,  holding  any  ofHce 
of  profit  or  truft  under  theni,  fhall,  without  the  con- 
fent  of  congrefs,  accept  of  any  prefent,  emolument> 
office,  or  title,  of  any  kind  whatever,  horn  apy  kingy. 
prince,  or  foreign  ftate 

$•  E  c  T  r  o  K     X..      ■■"■'r':'.  '^_,f"Hr 


i*W 


1.  No  ftate  fhall  enter  into  any  treaty,  alTianpe,  or 
confederation  j  grant  letters  of  marque  and  reprifal ; . 
coin  money ;  emit  bills  of  credit ;  make  any  tiding 
but  gold  and  filver  coin  a' tender  in  payment  of  debts ; 
pafs  any  bill  of  attainder,  ex  poft  fafto  law,  or  law 
impairing  the  obligation  of  coptraiEls,  qr  grant  ^y 
title  of  nobility.  4s^  i  , 

2.  No  ftate  fhall,  without  tbe  cofifent  qf  congref?^ 
lay  any  impofts  or  duties  ou  imports  pr  exports,  except 
what  may  be  absolutely  necefTary  for  executing  its  in- 
fpeftion  la>v's  ;  and  the  net  produce  of  all  dutieg  and 
impofts,  laid  by  any  ftate  on  imports  or  exports,  fhjjl 


C    69    3 

...  \ 

be  for  the  ufe  of  the  trcafury  of  the  united  ftates ;  ami 
all  fuch  laws  (hall  be  fubje6l  to  the  revifion  and  con* 
troul  of  the  congrefs.  No  ftate  (hall,  without  the 
confent  of  congrefs,  lay  any  duty  on  tonnage,  keep 
troops,  or  (hips  of  war,  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  (late,  or  with- 
a  foreign  power,  or  engage  in  war,  unlefs  a6lually 
invaded,  or  in  fuch  imminent  danger  as  will  not  admit 
of  delay.    .^^,.^ 


»:.v^iv'. 


ARTICLE      II. 


:^M^ 


SECTION 


fif. 


I.  The  executive  power  (hall  be  veiled  in  a  prcfident 
•f  the  united  (lates  of  America.     He  (hall  hold  his' 
office  during  the  term  of  four  years,  and,  together 
with  the  vice-pre(ident,  chofen  for  the  fame  term,  be 
clefted  as  follows : 

2  Each  (late  (hall  appoint,  in  fuch  manner  as  the 
legiflature  thereof  may  dire£l,.  a  number  of  electors, 
equal  to  the  whole  number  of  feiiators  and  reprefenta- 
tives,  to  which  the  flate  may  be  entitled  in  the  con- 
grefs. But  no  fenator,  or  reprefentative,  or  perfon 
holding  any  office  of  truft  or  profit,  under  the  united, 
ftates,  (hall  be  appointed  an  eledlor. 

3.  The  eleftors  fhall  meet  in  their  refpe^llve  dates,, 
and  vote  by  ballot  for  two  perfons,  of  whom  one,  at 
leaft,  (hall  not  be  an  inhabitant  of  the  fame  ftate  with 
themfelves.  And  they  (halt  make  a  lift  of  all  the  per- 
fons voted  for,  and  of  the  number  of  votes  for  each  ; 
which  lift  they  (hall  fign  and  certify,  and  tranfmit 
fealed  to  the  feat  of  the  government  of  the  united 
ftates,  direfted  to  the  prefident  of  the  fcnate.  The 
prefident  of  the  fenate  (hall,  in  the  prefence  of  the 
fenate  and  houfe  of  reprefentatives,  open  all  the  cer- 
tificates, and  the  votes  (hall  then  be  counted.  The 
perfon  having  the  greatcft  number  of  votes  (hall  be 
the  prefident,  if  fuch  number  be  a  majority  of  the 
vliore  number  of  ejfedors*  appointed ;  and  if  there  be 


r 


» 


'  1': 

!    • 


•I 


k  -^'Ji 


'!|( 


1^1 1 


& 


i' 

I, 
i 


',  * 


C     70     ]       - 

more  than  one  who  have  fuch  majority,  and  have  an 
equal  number  of  votes,  then  the  houfc  of  reprefenta- 
tives  fhall  immediately  choof^.'  by  ballot  one  of  them 
for  prefident :  and  if  no  perfon  have  a  majority,  then, 
from  the  five  highcft  on  the  lift,  the  faid  houfe  fhall 
in  like  manner  choofe  the  prefident.  But  in  choofing 
the  prefident,  the  votes  mall  be  taken  by  ftatea,  the 
reprefentation  from  each  ftate  having  one  vote :  a  quo- 
rum for  this  purpofe  fhall  confift  of  a  member  or 
members  from  two-thirds  of  the  ftates :  and  a  majority 
of  all  the  dates  fliall  be  necqflary  to  a  choice.  In 
every  cafe,  after  the  choice  of  the  prefident,  the  per^ 
fon  having  the  greateft  number  of  votes  of  the  eleftors, 
fhall  be  the  vice-prefident.  But  if  there  fhould  remain 
two  or  more,  who  have  equal  votes,  the  fenate  fliall 
choofe  from  them,  by  ballot,  the  vice-prefident. 

4.  The  congrefs  may  determine  the  time  of  chgof- 
ing  the  elcftors,  and  the  day  on  which  they  fkall  give 
their  votes  5  which  day  fhall  be  the.  fame  throughout 
the  united  ftates. 

'  ^.  No  perfon,  except  a  natural  born  citi:5en,  or  a 
citizen  of  the  united  itates,  at  the  time  of  the  adop- 
tion of  this  conftitution,  fhall  be  eligible  to  the  office 
of  prefident.  Neither  ftiall  any  perfon  be  eligible  to 
that  office,  who  fliall  not  have  attained  to  the  age  oi. 
thirty-five  years,  and  been  fourteen  years  a  refident 
within  the  united  flates. 

6.  In  cafe  of  the  removal  of  the  prefident  from 
office,  or  of  his  death,  refignation,  or  inability  to 
difcharge  tlie  powers  and  duties  of  the  faid  office,  the 
fame  fhall  devolve  on  the  vice-prefident  5  and  the  con- 
grefs may,  by  law,  provide  for  the  cafe  of  renvov^al, 
death,  refignation,  or  inability,  both  of  the  prefident 
and  vice-prefident,  declaring  what  oilier  fhall  then 
aft  as  prefident :  and  fuch  officer  fhall  aft  accordingly, 
until  the  difability  be  removed,  or  a  prefident  fhall  be 
elefted. 

7.  The  prefident  fhall,  at  ftated  times,  receive  for 
his  fervices,  a  compenfation,  which  fh^  neither  he. 


:  M.. 


:'*<< 


r 


7«     ] 


T  •- 


increafed  nor  diminifhed;  during  the  period  for  whicli 
he  fliall  have  been  clewed :  and  he  fhall  not  receive, 
within  that  period,  any  other  emolument  from  the 
united  ftates,  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  officei 
he  (hall  take  the  following  oath  or  affirtnation  : 

"  I  do  folcmnly  fwear  (or  affirm)  that  I  will  faith- 
"  fully  execute  the  office  of  prefident  of  the  united 
"  ftates ;  and  will,  to  the  beft  of  my  ability,  preferve, 
<'  protedl,  and  defend  the  conilitution  of  the  united 
"ftates."  .. 


.*«;> 


S  t  C  T  1  o  ^     iu 


1.  The  prefident  (hall  be  commander  in  chief  of. 
the  army  and  navy  of  the  united  ftates,  and  of  the 
militia  of  the  feveral  ftates,  when  called  into  the  a£lual 
fervice  of  the  united  ftates.  He  may  require  the  opi- 
nion, in  writing,  of  the  principal  officers  in  each  of 
the  executive  departments,  upon  any  fubjeift  relating 
to  the  duties  of  their  refpeAive  offices :  and  he  fliafl 
have  power  to  grant  reprieves  and  pardons,  for  offences 
againft  the  enited  ftates,  except  in  cafes  of  impeach* 
ment.  f 

2.  He  fliall  have  j^ower,  by  and  with  the  advice 
and  confent  of  the  fenate,  to  make  treaties,  provided 
two  thirds  of  the  fenators  prefent  concur :  and  he 
fliall  nominate,  and  by  and  with  the  advice  and  con- 
fent of  the  fenate,  fliall  appoint  ambaffadors,  other 
public  minifters  and  confuls,  judges  of  the  fupreme 
court,  and  all  other  officers  of  the  united  ftates,  whofc 
appointments  are  not  herein  otherwife  provided  for, 
and  which  fliall  be  eftabliflied  by  law.  But  the  con- 
grefs  may,  by  lawj  veft  the  appointment  of  fuch 
inferior  officers,  as  they  think  proper,  in  the  prefident 
alone,  in  the  courts  of  law,  or  in  the  heads  of  de- 
partments. 

3.  The  prefider':  ihall  have  potv^r  to  fill  up  all  va- 
cancies that  may  happen,  during  the  recefd  of  the 


I    r 


I*  •! 


1! 


V  C    7*    '5 

fenate,   by  cranting  commiflions,  which  (hall  expire 
dt  the  end  of  their  next  fdlion. 


SECTION      III. 


•■•■4  li 


He  fliall,  from  time  to  time,  give  to  the  congrreft 
information  of  the  ftate  of  the  union ;  and  recommend 
to  their  -confideration  fuch  meafures  as  he  (hall  judge 
neceffary  ^nd  trxpedient.  He  may,  on  extraordinary 
occafions,  convene  both  houfes,  or  either  of  theni) 
and,  in  cafe  of  difagreement  between  them,  with  re- 
<pe6t  to  the  time  of  adjournment,  he  may  adjourn 
them  to  fuch  time  as  he  (hall  think  proper.  He  (hall 
receive  ambafTadors  and  other  public  miniflers.  He 
(hall  take  care  that  the  laws  be  faithfully  executed  \ 
and  (haU  commiflion  all  the  officers  of  the  united  dates. 


■,'i' 


'S  .'■ 


>8  E  C  T  I  O  N      IT. 


"  The  prefident,  vice-prefident,  and  all  civil  officers 
of  the  united  Hates,  (hall  be  removed  from  office,  on 
impeachment  for,  and  convi6iion  of,  treafofl,  bribery, 

or  other  high  crimes  and  mifdemeanors. 

■f         ' 

'<         ARTICLE      III.    ' 


SECTION      I. 


.T.i 


The  judicial  power  of  the  united  fliites  (hall  be 
veiled  in  one  lupreme  court,  and  in  ^uch  inferior 
courts,  as  the  congrefs  may,  from  time  to  time,  or- 
dain and  eftabli(h.  The  judges,  both  of  the  fupremc 
and  inferior  courts,  (hall  hold  their  offices  during  good 
behaviour ;  and  (hall,  at  (lated  times,  receive  for  their 
fervices,  a  compenfation,  which  (hall  not  be  diminidi^- 
ed  during  their  continuance  in  office. 

SECTION       IX. 

I.  The  judicial  power  (hall  extend  to  all  cafes,  in 
law  and  equity,  arifing  under  this  conftitution,  the 
laws  of  the  united  ftates,  and  treaties  made,  or  which 
^11  be  madcy  under  their  aathority  ;  to  all  cafes-ftf- 


^^^ 


3lh 


♦t    73    1 

fe£ting  afhbafTadors,  other  piibllc  miniiters,  and  con* 
Alls ;  to  all  cafes  of  admiralty  and  maritime  jurifdic* 
tion  ;  to  coBtrovcrfies  to  which  the  united  ftates  fhall 
be  a  party  $  to  controverfies  between  two  or  more 
ftates,  between  a  ilate  and  citizens  of  another  ftate, 
between  citizens  of  <lifFerent  ftates,  between  citizens 
of  the  fame  ftate,  claiming  lands  under  grants  of  dif* 
ferent  ftates,  and  between  a  ftate,  or  the  citizens 
thereof,  and  foreign  ftates,  citizens,  or  fubjedls.    •. 

2.  In  all  cafes,  affedling  ambafladors,  other  pub- 
lic minifters,  and  confiUs,  ai  i  thofe  in  which  a  ftate 
fhall  he  a  party^  the  fupreme  court  ftiall  have  original 
jurifdi£tlon.  In  all  the  other  cafes  before  mentioned^ 
the  fupreme  court  (hall  have  appellate  jurlfdi^lion,  both 
as  to  law  and  fa6l,  with  (uch  exceptions,  and  under 
fuch  regulations,  as  the  congrefs  fhall  make. 

3.  The  trial  of  all  crimes,  except  in  cafes  of  im- 
peachment, fhall  be  by  jury  :  and  fuch  trial  fhall  be 
held  in  the  ftate  where  the  faid  crimes  fhall  have 
been  committed ;  but  when  not  committed  within 
any  ftate,  the  trial  fhall  be  at  fuch  place  or  places,  as 
the  congrefs  may  by  law  have  dire^ed. 


SECTION       III. 


/*.-■ 


1.  Treafon  againft  the  united  ftates,  ftiall  confiil 
only  in  levying  war  againft  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort.  No  per- 
fon  fhall  be  convi^ed  of  treafon  unlefs  on  the  ttfti- 
mony  of  two  witneffes  to  the  fame  overt  a£l>  or  on 
confeflion  in  open  court. 

2.  The  congre^  fhall  have  power  to  declare  the 
puniftiment  of  treafon :  but  no  attainder  of  treafon 
ihall  work  'corruption  of  blood,  or  forfeiture,  except 
during  the  life  of  the  perfbn  attamted.  ?:  v; 

A    R    T    I    C    L    E       ly/ 

"SECTION       1.  ' 

Full  faith  and  credit  fhall  be  given,  in  each  flatf , 
to  the  public  ads,  records,  and  judicial  proceedings 


} 


r 


t  'I 
:   M 


"  'M 


^^ 


*  •  .t"- 


M 


:  y 


\. 


(     74     ) 


of  every  other  ftate.  And  the  cor ;;iffs  may,  by  j^c- 
ncral  laws,  prcfcribe  the  manne.  'u  ivhich  uu'h  afts, 
recordsi  and  proceedings  (hall  be  ^  jvcd,  and  the  ef- 
fed  thereof,  •     '  »      : 


SECTION 


II. 


,'»  > 


'  I .  The  citizens  of  each  (late  (hall  be  entitled  to  all 
the  privileges  and  immunities  of  citizens  In  the  fevc- 
ral  itates. 

2.  A  perfon  charged  In  aiy  ftate  with  trcafon,  fe- 
lony, or  other  crime,  who  fhall  flee  from  juftice,  and 
be  found  In  another  ftate,  (hall,  on  demand  of  the 
executive  authority  of  the  ftate  from  which  he  fled, 
be  delivered  up,  to  be  removed  to  the  ftate  having  ju- 
rifdidon  of  the  crime.  '*'    v    - 

3.  No  perfon,  held  to  fervlce  or  labour  In  one  ftate, 
under  the  laws  thereof,  efcaplng  Into  another,  ftiall.  In 
confcquence  of  any  law  or  regulation  therein,  be  dif- 
charged  from  fuch  fervlce  or  labour.;  but  fliall  be  dc- 
Jlvered  up  on  claim  of  the  party  to  whom  fuch  fcrvice 
or  labour  may  be  due.  '' 


SECTION 


III. 


1 .  New  ftates  may  be  admitted  by  the  congrefi 
in'.o  this  union  ;  but  no  new  ftate  ftiall  be  formed  or 
crt'fted  within  the  jurifdiftion  of  any  other  ftate — nor 
any  ftate  be  formed  by  the  junftion  of  two  or  more 
ftates,  or  parts  of  ftates — without  the  confent  of  the 
leglilatures  of  the  ftates  concerned,  as  well  as  of  the 
Congrefs.  ,-.- -^^ry^  ■  .:',^'-  >: 

2.  The  congrefs  ftiall  have  power  to  difpofe  of,  and 
make  all  needful  rules  and  regulations,  refpefting  the 
territory  or  other  property  belonging  to  the  united 
ftates :  and  nothing  In  this  conftitutlon  fhall  be  fo  con- 
ftrued,  as  to  prejudice  any  claims  of  the  united  ftates, 
or  of  any  particular  ftate. 


SECTION        ly. 


The  united  ftates  ftiall  guaraftt'ee  lo  every  ttafl  in 
iJiis  unioa,  a  republican  form  of  government ;    and 


•I  -ilF 


'■■*•■ 


\. 


C    75    3 


..J''t 


fliall  protect  eacli  of  them  againft  invafion,  and  ort' 
jinpllcation  of  the  Icglflaturc,  or  of  the  executive 
(when  tlie  leglflaturc  cannot  be  convened)  againil  do- 
melllc  violence.  ,    '  . 

ARTICLE      V. 

The  congrefs,  whenever  two-thirds  of  both  hoiifea 
fhall  deem  it  neceirary,  fliall  propofe-  amendments  to 
this  conftltution,  or,  on  the  application,  of  the  Icgil- 
latures  of  tWo-thirds  of  the  feveral  ftatcB,  fhall  call  a 
convention  forpropoling  amendments,  which,  in  cither 
cafe,  fhall  be  valid  to  all  intents  and  purpofcs,  as  part 
of  this  conftltution,  when  ratified  by  the  legiilaturc.^ 
of  three-fourths  of  the  feveral  ftatcs,  or  by  conventions 
in  three-fourths  thereof,  as  the  one  or  the  other  mode 
©f  ratification  may  be  propoled  by  the*  congrefs ;  pro- 
vided, that  no  amendment,  wliich  may  be  made  prior 
to  the  year  one  thoufand  eight  hundred  and  eight, 
fhall  in  any  manner  affe£l  the  fit  11  and  fourth  claufes 
in  the  ninth  fe^ion  of  the  firft  article ;  and  that  no 
flate,  without  its  confent,  fhall  be  deprived  of  its  equal, 
fuffrage  in  the  fenate.  ,     . 

ARTICLE      VI.       / 

1.  All  debts  contrafted;,  and  engagements  entered 
into,  before  the  adoption  of  this  conftltution,  fhall  be 
as  valid  againft  the  united  ftates,  under  this  conftltu- 
tic  .  as  under  the  confederation. 

2.  This  conftltution,  and  the  laws  of  the  united 
ftates  which  fhall  be  made  in  purfuance  thereof,  and 
all  treaties  made,  or  which  fhall  be  made,  under  the 
authority  of  the  united  ftates,  fhall  be  the  fupreme 
law  of  the  land :  and  the  judges,  in  every  ftate,  fhall 
be  bound  thereby,  any  thing  in  the  conftltution  or 
laws  of  any  ftate  to  the  contrary  notwithftanding. 

3.  The  fcnators  and  reprefentatives  before  mention- 
ed, and  the  members  of  the  feveral  ftate  legiflatures, 
and  all   executive  and  judicial  ofiicers,  both  of  the 


t:,, 


l-U: 


1' 


•w.. 


waited  ftate»  and  of  the  feveral  ftater,  ffial!  be  bound; 
by  oath  or  affirmation,  to  fapport  this  conftitution  j 
kut  no  religious  tefl  fliall  ever  be  required  as  a  quafifi* 
cation  to  any  office  or  public  truft  Under  the  united 

ffof  pa 

ARTICLE      vn.  ^:^''' 

The  ratification  of  the  conve;itions  of  nine  ftates 
jlial!  be  fufficient  for  the  eftablifliment  of  this  confti* 
t,ution.  between  the  ftates  fp.  ratifying  the  fame.      4 

Done  In  convention,  by  the  unanimous  confent  of  the 
ftates*  prefent,  the  feventeenth  day  of  September^, 
in  the  year  of  our  Lord  one  thoufand  feven  huTt- 
dred  and  eighty-feven,  and  of  the  independence  of 
the  united  ftjatea  of  America  the  twelfth.  In  wit* 
acfs  whereof,  &c.  '•        ^      .  i     ^       |  ^    ^  >* 

;        \;   '     ;  GEO.  WASHINGTON,  prefident. 


-r-*-^  •<«^  '"^  •^^*^''^- 


>■•>•■ 


CONGRESS  OF  THE  UNITED  STATES, 

Begun  and  held  at  the  city  of  New  York,  on  Wedi 
nefday,  the  fourth  of  March,  one  thoufand  feven 
hundred  and  eighty-nine. 

The  conventions  oi  a  number  of  the  ftates  having, 
at  the  time  of  their  adopting  the  conftitution,  exr 
prelTed  a  deGre,,  in.  order  to  prevent  mifconft-iKSlion 
or  abufe  of  its  powers,  that  further  declaratory  and 
reftri(5ti/e  claufqs  fliould  be  added — and  as  extend- 
ing the  ground;  of  public  confidence  in  the  govern* 
ment,  will  beft  infure  the  beneficent  ends  of  its  in*- 
ftitution — 

RESOLVED,  by  the  fenate  and  houfe  of  repre- 
fentatives  of  the  united  ftates  of  America,  in 
congrefs  aflembled,  two-thirds  of  botli  houfes  concuTf 
ring,  that  the  following  articles  be  propofed  to  the 
legiflatures  of  the  feveral  ftates,  as  amendments  to  the 
cojiftitution  of  Uie  united  ftatea,,  all^,  or  any  of  whiQb 


■'W 


t    77-    3 

articles,  when  ratified  by  three-fourths  of  the  faid  Ic* 
giflatures,  to.  he  vfilid,  to  all  intents  and  purpofeG,  a»^- 
part  of  the  faid  conflitution,  viz*  , 

ARTICLES,  in  addition  to,  and  amendment  of,  the  • 
conftitution  of  the  united  ftates  of  America,  pro- 
pofed  by  congrefs,  and  ratified  by  the  legiflatures  - 
of  the  feveral  ftates,  purfuant  to  the  fifth  article  of 
the  original  conftitution.  • 

I.  After  the  firft  enumeration,  required  by  the  firft 
article  of  the  conftitution,  there  (hall  be  one  repre- 
fentative  for  every  thirty;  thoufandi  until  the  number 
(hall  amount  to  one  hundred  ;  after  v^rhich,  the  pro- 
portion fhall  be  fo.  regulated  by  congrefs,  that  there 
ihall  be  not  lefs  than- one  hundred  reprefentatives — nor 
lefs  than  one  reprefentative  for  every  forty  thoufand 
perfons-<— until  tlie  number  of  reprefentatives  (hall  a- 
mount  to  two  hundred  ;  after  which,  the  proportion 
fhall  be  fo  regulated  by  congrefs,  that  there  fhall  not 
be  lefs  than  two  hundred  reprefentatives,  nor  more 
than  one  reprefentative  for  every  fifty  thoufand  per- 
fons. 

II.  No  law,  varying  the  compenfation  for  the  fer- 
vices  of  the  fenators  and  reprefentatives,  fhall  take  ef- 
feft,  until  an  ele^ion  of  reprefentatives  fhall  have  in- 
tervened. -    . 

III.  Congrefs  fhall  make  no  law  refpe<Sting  an  ef- 
tablifhment  of  religion,  or  prohibiting  the  free  exer- 
cife  thereof,  or  abridging  the  freedom  of  fpeech,  or 
of  the  prefs ;  or  the  right  of  the  people  peaceably  to 
aflemble,  and  to  petition  the  government  for  a  redrefa 
of  grievances. 

IV.  A  well-regulated  militia  being  neceffary  to  the 
fecurity  of  a  free  ftate,  the  right  of  the  people  to 
keep  and  bear  arms,  fhall  not  be  infringed. 

V.  No  foldier  fhall,  in  time  of  peace,  be  quartered 
in  any  houfe,  without  the  confent  of  the  owner;  nor 
in  time  of  war,  but  in  a  manner  to  be  pvefcribed  by 
kw*^  Hz 


^ 


k     i; 


:»":  »« 


^     :i 


L  'i 


.n^ 


!    ; 


1'*    ', 


■■■S.-..     ^- 


VI.  The  right  of  the  people  to  be  fecure  in  their 
perfons,  houfes,  papers,  and  effe<St8,  ajr^':>ft  unreafon- 
able  fearches  and  feizures,  fliall  not  be  violated  :  and 
no  warrants  (hall  ifliie,  but  upon  probable  caufe,  fup- 
portcd  by  oath  or  affirmation — and  particularly  de- 
fcribing  the  place  to  be  fearched,  and  the  perfons  or 
things  to  be  feized. 

VII.  No  perfon  (hall  be  held  to  anfwer  for  a  capi- 
tal or  otherwife  infamous  crime,  unlefs  on  a  prefent- 
ment  or  indiftment  by  a  grand  jury,  except  in  cafes  a- 
rifing  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  aftual  fervice,  in  time  of  war,  or  public  dan- 
ger :  nor  (hall  any  perfon  be  fubjeft  for  the  fame  of- 
fence to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor 
Ihall  be  compelled  in  any  criminal  cafe,  to  be  a  wit- 
nefs  agaiiifl  himfelf ;  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  procefs  of  law  :  nor  ihall 
private  property  be  taken  for  public  ufe,  without  juft 
compv  nfition. 

VIII.  In  all  criminal  profccutions,  the  accufed 
fiiall  enjoy  the  right  to  a  fpeedy  and  public  trial,  by 
an  impartial  jury,  of  the  ftate  and  diftridt,  wherein 
the  crime  fliall  have  been  committed ;  which  diftridl 
Ihall  have  been  previoufly  afeertalned  by  law ;  and  to 
be  informed  of  the  nature  and  caufe  of  the  accufation  ; 
to  be  confronted  with  the  wltnelTes  againft  him  ;  to 
have  compuUory  procefs  for  obtaining  witneflcs  in  his 
favour ;  and  to  have  the  aifillance  of  counfel  for  his 
defence.  '  ** 

IX.  In  fuits  at  common  law,  where  the  value  \n 
controverfy,  fliall  exceed  twenty  dollars,  the  right  of 
trial  by  jury  fliall  be  prefervcd :  and  no  fa6t  tried  by 
a  jury,  fliall  be  otherwife  re-examined  in  aay  court  of 
the  imited  Hates,  than  according  to  the  rules  of  com- 
mon law. 

X.  Exceffive  bail  ihall  not  be  required ;  nor  excef- 
five  lines  impofed ;  nor  cruel  and  unufual  punifhments 
infili^ttd.  '      . 


-.•A  !•■'! 


r  79  ] 

XI.  The  enumeration,  in  the  conftitution,  of  cer- 
tain rights,  fhall  not  be  conftrued  to  (^eny  or  dlfpa- 
rage  others,  retained  by  the  people, 

XII.  The  powers,  not  delegated  to  the  united 
flates,  by  the  conftitution,  nor  prohibited  by  it  to  the 
ilates,  are  referred  to  the  ftates  refpe^tively,  or  to  the 
people* 

Frederick  Augustus  Muhlenberg,, 
Speaker  of  the  houfe  of  reprefentatives. 
;  John  Adams,  vice-prefident  of  the  united 
ftates,  and  preiident  of  the  fenatc. 

John  Beckley,  clerk  of  the  houfe  of  reprefentatives. 
Samuel  A.  Otis,  fecretary  of  the  fenate. 

N.  B.  By  the  returns  made  into  the  fecretary  oP 
ftate's  office,  it  appears  that   the  firft  artide  of  the 

above  amendments  is  agreed  to  by  only  feven  ftates 

the  fecond  by  only  four — and  therefore  tliefe  are  nof 
obligatory.  All  the  remainder,  having  been  ratified 
by  nine  Ilates,  are  of  equal  obligation  with  the  coni» 
ftitution  Itfelf.  .  » 

Explanation  of  tbe  aSlual  fitua^ 
tion  of  Mr.  Jaj'^'s  Treaty. 

FROM  THE  AURORA. 

Mr.  Bache,  .   '     •  i    , 

I  HAVE  lately  read  with  attention  the  treaty  be- 
tween Great-Britain  and  the  United  States,  as  alfo 
the  refolution  of  the  fenate,  conditionally  confenting 
to  its  ratification — -What  the  fenate  inrcnaed  by  this 
refolution  is  extremely  difficult  to  difcover.  I  hope, 
however,  the  following  remarks  will  contribute  to 
place  it  upon  the  kaft  exceptionable  ground. 


"''I'i  ■■'  1 


\S 


¥m 


"M:     ■ 


A 


:.  8«^  T 


HI! 


iii;  .,r" 


''•"iif 


The  refolution  is  in  thefe  words 

**'  Refolved  that  the  fenate  do  confent  to,  and  ad*^ 
vife  the  prefident  of  the  United  States  to  ratify,  the» 
treaty  of  aniity,  commerce  and  navigation,  between 
bis  Britannic  majefty  and  the  United  States  of  Ame- 
rica, concluded  at  London  the  u^^h  of  November,- 
1 794,  on  condition  that  there  be  added  to  the  faidv 
treaty,  an  article, ,  whereby  it  fliall  be  agreed  to  (iif- 
pend  the  operation  of  fo  much  of  the  twelfth  article, 
as  rcfpe^ts  the  trade,  which  his  faid  majely  thereby 
confents  maybe  carried  on  between  the  United  States 
ai.d  his  iflands  in  the  Well-Indies,  in  the  manner,  and 
on  the  terms  and  conditions  therein  fpecified. 

"  And  the  fenate  recommend  to  the  prefident  to  pro- 
ceed, without  delay,  to  further  friendly  negociations 
with  his  majefty,  on  the  fuLjedl  of  the  faid  trade,  and 
of  ths  terms  and  conditions  in  queftion.'* 

So  muchjof  the  twelfth  article  of  the  treaty  ae  is  not 
propofed  to  be  fufpended  by  the  foregoing  refolution, 
iS' in  thefe  words — 

**■  And  It  is  further  agreed,  that  at  the  expiration 
of  the  faid  term,  the  two  contracting  parties  will  en- 
deavour fuither  to  regulate  their  commerce,  in  this 
refpecft,  according  to  the  fituation  in  which  his  ma- 
jefty may  then  find  himfelf  with  refped  to  the  Weft- 
IndtcSj  and  with  a  view  to  fuch  rirrangements  as  may 
beft  conduce  to  the  mutual  advantage  and  extenfion 
of  commerce.  And  the  faid  parties  will  th^n  alfo  re- 
new their  difcuffions,  and  endeavour  to  agree,  whe- 
ther in  any  and  in  what  cafes  neutral  vefiels  (hall  pro- 
teft  enemy's  property  ;  and  in  what  cafes  prcvifiona 
and  other  articles,  not  generally  contraband,  may  be- 
come fuch.  But  in  the  mean  time  their  conduct  toward* 
each  other  in  thefe  refpe£ls,  (hall  be  regulated  by 
the  articles  herein  after  inferted  on  thofe  fubjedts." 

The  twenty-eighth  article  of  the  treaty  is  in  thefe 
i^ords — 

Art.  XXVIII.  "  It  is  agreed,  that  the  firft  ten 
Jprticles  of  this  treaty  fliall  be  permanejat,   and  that 


f  «»  J 

rJie  fubfequcnt  articles^  except  the  twelfth,  (half  fcc 
limited  in  their  duration  to  twelve  years,  to  be  com*- 
putcd  from  the  day  on  whiclv  the  ratifications  of  thi» 
treaty  (hall  be  exchanged,  but  fobjeA  to  tfeis  conditi- 
on— ^that  whereas  the  faid  1 2th  article  will;  expire  hy 
the  limitation  therein  contained,  at  the  end  of  twa 
years  from  the  (igning  of  the  preliminary  or  other  ar- 
ticles of  peace,  which  fhall  ternnnate  the  prefent  war 
in  which  his  majefty  is  engaged,  it  is  agreed,  that 
proper  meafures  (hall  by  concert  be  taken  for  bringing 
the  fubjeft  of  that  article  into  amicable  treaty  and  dit 
eulTion,  fo  early  before  the  expiration  of  th«  faid  term^ 
as  that  new  arrangements  on  that  head,  may  by  that 
time  be  perfefted  and  ready  to  take  place.  But  if  it 
fhould  unfortunately  happen,  that  his  majelly  and^the 
United  States  fhould  not  be  able  to  agree  on  fuch. 
new  arrangements,  in  that  cafe  all  the  articles  of  thiei 
treaty,  except  the  firft  ten,  fhall  then  ceafe  and  ex-^ 
pire  togethvTo*' 

If  the  treaty  had  been  unconditionally  confented  tOh 
by  the  fenate  and  ratified  by  the- prefident,  and  if  na 
new  arrangements  in  relation  to  the  fubje£ls  of  the 
twelfth  article,  could  he  agreed  on  between  the  par* 
ties,  before  or  at  the  expiration  of  two  years  front 
the  termination  of  the  prefent  war,  then  at  that  pe« 
liu'i  the  whole  of  the  treaty  (except  the  firft  ten  ar-»- 
tides)  would  expire  together^ — Except  thofe  ten  aiti* 
cles,  the  whole  treaty  is  made  to  depend  on  the  ope* 
ration  of  the  twelfth  article,  or  its  fubftitute.  When» 
ever,  therefore,  the  twelfth  article  ceafesto  operate,  if 
an  agreeable  fubftitute  is  not  ready  to  take  its  place>, 
the  whole  treaty,  except  the  ten  firfl  articles,  muft 
expire  with  it.  It  is  obvioufly  immaterial,  whether 
the  determination  of  the  twelfth  article  is  occafioned 
by  its  regular  expiratiout  two  years  after  the  tormina* 
tion  of  the  war,  t:  by  tne  conftnt  i)f  the  contraAin^ 
nations,  at  an  earlii  r  period. — In  either  cJife,  the  e£>- 
&d  mufl.  be  the  fame. 


*''  'til    - 

|;, ' 

^ '  ^1 

Sf;.j(    * 

i 
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The  rcfolutlon  of  the  fcnate  makes  the  fufpenfioo 
•f  the  material  parts  of  the  twelfth  article,  a  condi- 
tion upon  which  they  will  confent  to  the  ratification 
of  the  treaty*  If  this  condition  is  not  accepted  by 
the  Britilh  king,  every  part  of  the  treaty  is  without 
the  fandlion  of  the  fenate.  If  it  is  accepted,  then 
the  fubltantial  parts  of  the  twelfth  article  ceafe  to 
operate,  by  the  mutual  confent  of  the  contracting 
nations  J  and  therefore  every  part  of  the  treaty,  ex- 
cept the  lirit  ten  articles,  muft  expire  with  it.  The 
foundation  being  taken  awayi  the  fupcrilruCliure  mull 
fall. 

The  fenate,  aware  of  this  conclufion,  add  to  their 
refolution  a  recommendation  to  the  preiident,  to  pro- 
ceed without  delay  to  procure  a  fubilitutc  for  the 
twelfth  article,  by  new  negociatlons  with  the  Britifti 
king.  If  fuch  a  fubftitute  can  be  obtained,  fo  as  to 
begin  its  operatiou.  when  the  fufpenfion  of  the  twelfth 
article  takes  place,  then  it  may  be  contrived  to  give 
exiilence  to  the  whole  treaty ;  but  without  it,  tb«^ 
Britifh  king's  affent  to  the  condition  contained  in  the 
fenate's  refolution  muft  annihilate  the  whole  of  the 
treaty,  or  at  any  rate  the  whole  of  it  except  the  ten 
firft  articles. 

Under  this  view  of  the  fenate's  refolution,  it  may 
become  a  queftlon,  whether  the  prefident  can  confti- 
tutionally  complete  the  final  a6l  of  ratification,  with- 
out again  reforting  to  the  fenate  for  their  approbation. 
If  new  arrangements  are  made  to  fupply  the  place  of 
the  twelf'b  article,  they  muft  form  apart  of  the  pre- 
fent  treaty— They  do  net  now  exift,  and  confequently 
they  cannot  be  fald  to  have  obtained  the  confent  of 
the  fenate — ^Without  the  confent  of  the  fenate,  a  trea- 
ty cannot  conftitutionaily  be  made — If  no  new  ar- 
rangements arc  agreed  on,  and    the   condition  upon 
which  the  fenate  have  confented  to  the  ratification,  is 
affented  to,  then  as  the  condition  Itfclf  will  deftroy 
all  the  treaty,  except  the  firft  ten  articles,  the  difcuf- 
fion  of  the  queftlon,.  as  to  the  prelident's  conftltu- 


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tional  power,  becomes  unimportant,  as  to  all  the  trca- 
•ty,  except  the  ten  firft  articles.  The  operation  of 
the  condition,  when  aflentedto,  upon  the  prcfident's 
power  to  ratify  the  ten  firft  articles,  is  a  queftion  I 
do  not  now  intend  to  examine,  becaufe  the  proceed- 
ings of  the  fenate  have  unequivocally  fhown,  amidft  all 
their  perplexity,  that  they  did  not  intend  to  ratify 
the  ten  firft  articles  in  the  view  of  a  diftindl  treaty 
with  Great-Britain. 

AMERICANUS.  . 


.1 ... 


Trom  THE  American  Daily  Advertiser. 

Features  of  Mr.  Jay's  Treaty. 

# 

1,  7'he  origin  and  progrcfs  of  the  negoclatlon  for  the 

Treaty  y  are  not  calculated  to  excite  confidence^ ^ 
I.  ^  I  ^HE  admlnlftration  of  our  government  havc^ 
JL     feemingly  at  leaft,  manifefted  a  policy  fa- 
vorable to  Great  Britain,  and  adverfe  to  France. 

2.  But  the  houfe  of  rcprefcntatives  of  congrcfs» 
imprefLd  w'ch  the  general  ill  condu6l  of  Great  Bri- 
tain towards  America,  were  adopting  meafures,  of  a 
mild  though  retaliating  nature,  to  obtain  redrefs  and 
indemnification.  The  injuries  complained  of  were# 
principiilly,  ift.  The  detenticn  of  the  weftern  pofts— 
2dly,  The  delay  in  compenfating  for  the  negroes  car- 
ried off  at  the  clofe  of  the  war — and  3dly,  The  fpoli- 
ations  committed  on  our  commeixe.  The  remedies 
propofed  were,  principally,  ift,  The  commercial  re- 
gulations of  Mr  Madifon — 2dly,  The  non-intcrcourfc 
propofition  of  Mr,  Clarke- — 3dly,  The  fequeftration 
motion  of  Mr.  Dayton — 4thly,  An  embargo — and 
5thly,  Mihtaiy  preparation. 

3.  Every  plan  of  the  legiflature  was,  however,  fuf- 
pended,  or  rather  annihilated,  by  the  interpofition  of 
the  executive  authority ;  and  Mr.  Jayy  the  chief  juf- 
ticeof  the  United  States,  was  taken  from  his  judicial 


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Itaty  to  negociate  with  Great  firitain,  under  the  in*, 
fluence  of  the  prevaih'ng  fentiment  of  the  people,  for 
the  redrefi  of  our  wrongs^  Query— Are  not  his  com- 
jnHIion  and  the  execution  of  it,  at  variance  ?  Is  any 
one  of  our  wrongs  a6tually  redrefied }  Is  not  an  atone- 
ment to  Great  Britain,  for  the  injuries  which  (he^r;- 
ttnds  to  have  fuffered,  a  preliminary  ftipulaticn?  . 

4.  The  political  dogma  of  Mr,  Jay  are  well  known  \ 
his  predilection,  in  relation  to  France  and  Great  Bri- 
tain, has  not  been  difguifed  \  and  even  on  the  topic  of 
American  complaints,  his  reports,  while  in  the  office 
of  fecretary  for  foreign  affairs,  and  his  adjudications 
while  in  the  office  of  chief  juftice,  were  not  calculated 
to  point  him  out  as  the  fingle  citizen  of  America, 
fitted  for  the  fervice  in  which  he  was  employed. 
Query — Do  not  perfonal  feelings  too  often  diftate 
and  govern  the  public  condudl  of  miniilers?  But 
whatever  may  have  been  his  perfonal  difqualiHcations, 
they  are  abforbed  in  the  more  important  coniideration 
of  the  apparent  violence  committed  by  Mr,  Jay*s  ap- 
pointment, on  the  eflential  principles  of  the  conftitu- 
tion.  That  topic,  however,  has  already  been  difcuff- 
ed,  and  we  may  pafs  to  the  manner  of  negociating  the 
treaty  in  England,  which  was  at  once  obscure  and 
lUufory.  We  heard  of  Mr.  Jay's  diplomatic  honors ; 
of  the  royal  and  minifterial  courtefy  which  was  fhewa 
to  him,  and  of  the  convivial  boards  to  which  he  was 
invited  :  btit,  no  more !  Mr.  Jay,  enveloped  by  a  dan- 
gerous confidence,  in  the  intuitive  faculties  of  his  own 
mind,  or  in  the  inexhauftible  fund  of  his  diplomatic 
information,  neither  poffeffed  nor  wiflied  for  external 
aid  ;  while  the  Britifli  negociator,  Taefides  his  own  ac- 
quirements, entered  on  the  points  of  negociation, 
fraught  with  all  the  auxiliary  fagacity  of  his  brother 
minifters,  and  with  ^i  the  praAical  knowledge  of  the 
moft  enlightened  merchants  of  a  commercial  nation. 
The  refult  correfponds  with  that  inaufpicious  ftate  of 
things.  Mr.  Jay  was  driven  from  the  ground  of  an 
inured,  to  the  ground  of  an  aggreffing,  party ;   he 


C     85     3 

made  atonement  for  imaginary  wrongB,  tefore  he  wal 
allowed  juit'ce  for  real  ones;  he  converted  the  refent- 
ments  of  the  American  citizens  (under  the  imprellions 
of  which  he  was  avowedly  fent  to  England)  into  amity 
and  concord^  and  f(?em8  to  have  been  fo  i.nxious  to 
rivet  a  commercial  clwin  about  the  neck  of  America, 
that  he  even  forgot,  or  drfregarded,  a  prin  id  item  of 
h<;r  own  produce  {cotton  j  in  order  to  rr  ke  a  fweep- 
ing  facrifice  to  the  infatiable  appetite  of  his  maritime 
anta^ronift.  But  the  idea  ai  the  treaty,  given  by  Mr. 
Pitt  in  anfwer  to  Mr.  Fox,  who,  before  he  h  id  feen^ 
applauded  it  as  an  aft  of  liberality  aiui  juftice  towards 
America,  was  the  firft  authoritative  alarm  to  our  inte- 
refts  and  our  feelings.  "  When  the  treaty  is  laid  be- 
fore the  parliament  (faid  the  minitter)  you  will  bed 
judge,  whether  any  improper  conceffion  has  been 
made  to  America!" 

5.  The  treaty  being  fent  hither  for  ratification,  the 
prefident  and  the  fcnate  purfue  the  myfterious  plan  iti 
which  it  was  negodated.  It  has  been  intwi^ated,  that 
till  the  meeting  of  the  fenate,  the  inftrumefit  was  not 
communicated  even  to  the  moll  confidential  officers  of 
tlie  governments  and  the  firft  refolution  taken  by  the 
fenate  was  to  ftop  the  lips  and  ears  of  its  members 
againft  every  polTibility  of  giving  or  receiving  Inform- 
ation. Every  man,  like  Mr.  Jay,  was  prefumed  to 
be  infpired.  In  the  courfe  of  the  difcuiHon,  however, 
fome  occurrences  tiafhed  itom  beneath  the  veil  of  fe- 
crecy ;  and  it  is  conjeftured  that  the  whole  treaty  was 
at  one  time  in  jeopardy.  But  the  rhetoric  of  a  mi- 
ll ifter  (not  remark  ble  for  the  ^Dohhihty  of  hh  tongue  J 
'who  was  brought  poft  hafte  from  the  country ;  the 
danger  of  expofing  to  odium  and  difgrace  the  diftin- 
guifhed  American  charafters,  vfrho  would  be  afifefted 
by  a  total  rcjeftion  of  the  treaty  ;  and  the  feeble,  but 
operative,  vote  of  a  member  tran^orted  from  the  lan- 
guor and  imbecility  of  a  fick  room,  to  decide  in  the 
fenate  a  great  national  queiiion,  whofe  meritb  he  had 


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liot  heard  dlfcuffed  ;  triumphtci  over  principle,  argu- 
ment and  decorum !  Ifc "  ,        ^. 

6.  But  mil  the  treaty  remains  unratified ;  for,  un- 
lefs  the  Britlfh  government  (hall  affent  to  fufpend  the 
obnoxious  twelfth  article  (In  favor  of  which,  however, 
many  patriotic  members  declared  their  readinefs  to 
vote)  the  whole  is  deftroyed  by  the  terms  of  the  rati- 
fication :  and  if  the  Britlfh  government  fhall  agree  to 
add  an  article  allowing  the  fufpenfion,  the  whole  muft 
return  for  the  re-confideratton  of  the  fenatc.  But  the 
forms  of  myllery  arc  ftlU  preferved  by  our  govern- 
ment ;  and  attempts  to  deceive  the  people  have  been 
made  abroad,  upon  a  vain  prefumption,  that  the 
treaty  could  remain  a  fecrety  till  it  became  obligatory 
as  a  law. 

For  Inftance  ;  in  Fetmo*s  paper  of  the  25th  of  June, 
it  is  unequivocally  declared,  the  **  the  treaty  of  amity, 
commerce  and  navigation  was  ratified  yefterday  by  the 
fenate  of  the  United  States  ;"  and,  even  while  he  cor- 
rects that  miftake  in  the  paper  of  the  following  day, 
he  commits  an  error  of  a  more  extraordinary  kind 
(particularly  when  we  confider  that  he  is  the  confi- 
der  cial  perfon,  who  printed  the  treaty  for  the  ufe  of 
the  ftiiate)  by  aflercing,  that  in  the  twelfth  article, 
**  the  United  States  are  prohibited  from  exporting  to 
Europe  from  the  faid  Itates,  fugar,  coffee,  cotton  and 
cocoa,  the  produce  of  any  of  the  Wejl-India  ijlands,^* 
The  fa6l  muft  have  been  known  to  Mr.  Fenno,  that 
the  prohibition  operates  unlverfally  ;  whether  the  pro- 
hibited articles  are  the  produce  of  the  Weft-India 
iflands,  of  the  Eaft  Indies,  of  the  United  States,  or 
of  any  other  part  of  the  world.  The  next  efTay  to 
render  the  envelopements  of  the  treaty  flill  more 
opaque,  appeared  in  the  American  Daily  Advertifer 
of  the  27th  of  June.  The  writer  (who  is  faid  to  be 
a  member  of  the  fenate)  likewife  regards  the  ratlfica-- 
tlon.  In  his  Introdudlion,  as  a  perfedl  one  ;  and  after 
giving  a  glofs  to  the  general  texture  of  the  treaty,  he 
afcribes  the  obnoxious  principle  of  the  twelfth  article. 


C    87    3 

to  an  error  which,  it  appears,  has  been  inadvertently  tfir 
troduced.  An  error  inadvertently  introduced  inlo  an 
instrument,  which  was  under  the  confideration  of  the 
chief  juftice  of  the  United  States,  and  the  BrltKli 
minifter,  for  a  term  of  eight  months !  and  intro* 
duccd  too,  into  a  part  of  that  very  article,  which  is 
jnade  the  fole  foundation  of  the  whole  commercial  fii- 
perftru£lure !  !  Whenever  the  twelfth  article  cc.ifes, 
the  treaty  declares,  every  other  article,  except  the  ten 
firrt  articles,  (liall  alfo  ceafe  !  But  the  author  of  tliat 
/ketch  proceeds  one  ftep  further — he  fays,  "  that  every 
caufe  of  offence  or  cpllifton  l) wards  the  French,  fcCms  to 
have  been  ftudioufly  avo  d,  in  the  progrefs  of  the 
negociation  ;*'  for  **  no  .  icle  of  the  treaty  clajhes  in 
the  fmalleft  degree,  with  the  obligations  and  engage- 
ments contra&ed  with  that  gallant  nation  !"  Let  the 
treaty  fpeak  for  itfelf — it  is  more  to  be  hoped  than 
cxpedled,  that  the  voice  of  France  fhould  not  likewife 
he  heard  in  oppofition  to  fo  bold  an  affeijtion. 
''•'■■        ■■        ■..■■.■■ 

II.  Nothing  is  fettled  by  the  Treaty* 

1.  The  weftern  pofts  are  to  be  given  up, 

2.  The  northern  boundary  of  the  United  States  is 
to  be  amicably  fettled, 

3.  The  river  meant  by  St.  Croix  river  in  tlie  treaty, 
is  to  be  fettled, 

4.  The  payment  for  fpoliations  is  to  be  adjufted  and 
mode, 

5.  The  ultimate  regulation  of  the  Weft-India  trade 
is  to  depend  on  a  negociation  to  be  made  in  the  courfc 
of  two  years  after  the  termination  of  the  exifting  war. 

6.  The  queftlon  of  neutral  bottoms  making  neutral 
goods  Is  to  be  confidered  at  the  fame  time. 

7.  The  articles  that  may  be  deemed  contraband  are 
/o  ^ff  fettled  at  the  fame  time.       ^  ^^. 

8.  The  equalization  of  duties  laid  by  the  contrail- 
ing  parties  on  one  another,  is  to  be  hereafter  treated  of, 

9.  All  the  commercial  articles  depend  on  the  cxift- 


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33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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eooe  of  the  twelfth  article,  which  may  contmne  twelve 
years,  if  it  is  fe  agreed  witnin  two  years  afier  the  ex- 
piration of  the  war ;  but  if  it  is  not  fo  agreed^  it 
expiresi  and  with  it  all  the  dependent  parts  of  the 
treaty.  Qnery — Does  not  the  fenate's  (ufpenfion  pf 
the  twelfth  article,  bring  us  to  the  fanae  ground  ? 

10.  The  whole  bufinefs  of  Mr.  Jav's  negociation 
is  left  <^en  by  the  twenty-eighth  article,  for  altera- 
lion,  amendment  and  addition,  by  new  articles,  which, 
when  agreed  upon  and  ratified,  Jiall  become  a  part  of 
this  treaty. 

Query— 4>oe9  not  the  hiftory  of  treatlei  prore^ 
that  whenever  commiflJonerB  have    been    appointed 

ST  the  parties,  to  take  all  the  fubjeds  m  their 
fpute  atl  refirendtmi  for  the  fake  of  getting  rid  of 
an  immediate  prcflure,  and  patching  up  a  peace,  the 
Qiatter  terminates  la  creattn^^  not  iny^/Mffif  diferences? 

III.    The  Treaty  contahu  a  colourahtef  hut  no  real 

Reciprodty, 


T  «■?'. 


I.  The  fecood  article  provides  for  the  furrender  of 
the  weilem  pofls  in  June,   1796;  but  it  ftipulatety. 
that  in  the  mean  time  the  citizens  of  the  United  States 
(hall  not  fettle  within  the  precinds  and  jurifdi£tion  of 
thofe  pofts  ^  that  the  Britiih  fettlers  there  (hall  hold 
and  enjoy  all  their  property  of  every  kind,  real  and 
perfonal ;    and  that  when  tbcpofts  are  (urrendered, 
fuch  fettlers  (hall  have  an  eledion  either  to  remaiit 
Biiti(h  fubjeds,    or  to   become   American   citizens.^ 
Query — Were  not  the  weftem  pofts,  and  all  their  prei-^ 
.  cin£is  and  jurifdi6lion,  the  abfolute  property  of  thcr 
United  States  by  the  treaty  of  peace?     Query— 
What  equivalent  is  given  for  this  celfion  of  the  terri*-^^ 
tory  of  the  United  States  to  a  foreign  power?  Query 
— How  far  do  the  precin6is  and  jui-ifdif^ion  of~the 
pofts  extend  ?   Query — Does  not  the  treaty  give  an 
implied  a(rent  to  major  Campbell's  claim,  by  adopting^ 
its  language,  aa  far  as  the  f^s  of  the  Miami>  and-tQ 


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iSii^  nortiSrn  claim  upon  fUc  territories  of  New  York 
and  Vermont  ?  .     , 

2.  The  third  article  ftipulates  that  the  two  contra£l- 
Jng  parties  may  frequent  the  ports  of  either  party  on 
the  eailern  banks  of  the  Mifliilippi.  Query — ^What 
ports  has  Great  Britain  on  the  eaitern  banks  of  the 
Miffiffippi? 

3.  The  third  article  likewife  opens  an  amicable 
intercourfe  on  the  lakes ;  but  excludes  us  from  their 
fea-ports,  and  the  limits  of  the  Hudfon's  bay  company ; 
and  excludes  them  from  navigating  our  Atlantic  rivers, 
higher  than  the  higheft  port  of  entry  in  each.  Query 
—What  are  the  limits  of  the  Hudfon's  bay  company  ? 
Query — What  equivalent  do  the  United  States  obtain 
for  the  general  freedom  of  navigation,  portage  ai^d 
paflage  ?  For  it  muft  be  remembered,  that  the  Britifh 
rivers  penetrate  the  heart  of  the  country,  but  of  thofe 
we  can  take  no  advantage  ;  while  Great  Britain  is  in 
faft  admitted  to  all  the  advantages  of  which  our  At» 
lantic  rivers  are  fufceptlble. 

4.  The  fixth  and  feventh  articles  provide  for  fatif- 
fying  every  demand  which  Great  Britain  has  been 
able,  at  any  time,  to  make  agalnil  the  United  States! 
(the  payment  of  the  Britlih  debts  due  before  the  war, 
and  the  indemnification  for  velFels  captured  within 
ojiir  territorial  jurifdiftion)  but  the  provifion  made  for 
the  American  claims  upon  Great  Britain,  is  not 
equally  explicit  or  efficient  in  Its  terms,  nor  is  it  co- 
extenfive  with  the  objedl. — ^Queiy-^^Why  is  the  de- 
mand for  the  negroes,  carried  off  by  the  Brltifli 
troops,  fuppreffed,,  waved,  or  abandoned  ?  The  pre- 
amble to  the  treaty  recites  an  intention  to  terminate  the 
differences  between  the  nations  :  was  not  the  affair  of 
the  negroes  a  difference  between  the  nations?  and 
hjow  has  it  been  terminated  ? 

5.  The  ninth  article  ftipulates  that  the  fubjefts  of 
Great  Britain  and  the  citizens  of.  the  United  States,. 
j'cfpeAively,  who  now  hold  lands  within  the  territories^. 

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■^  •ill 

.Hfl. .:  IE 


,1, 


[a  i'ffiifi'?>riiiASJ'i'iV^T*?>»*<t^i"''> 


.(^AljtEUt ■«.... Ih  V.O: 


C    9«    1 


« 


of  either  natron^  fhall  hold  the  lands  in  the  fame  man- 
ncr  as  natives  do.  Query — What  is  the  relative  pro- 
portion of  lands  fo  lield?  Query — The  efFedl  to 
revive  the  claims  of  Britifh  fubjeds^  who,  either  as 
traitors  or  aliens,  have  forfeited  their  property  within 
the  refpeftive  ftates  ?  Query — The  operation  of  fuch 
a  compad^  on  the  internal  policy  of  the  union,  com- 
bintd  with  the  folemn  recognition  of  a  colony  of 
Britifli  fubjc^s,  profefling  and  owing  allegiance  to 
the  Britifh  crown,  though  fettled  within  the  acknow- 
ledged tenntory  of  the  United  States,  by  virtue  of 
the  fecond  article  ?  '* 

6.  The  tenth  article  declares  that  neither  party 
fhall  fequefter  or  confifcate  the  debts  or  property  in 
the  funds,  &c.  belonging  to  the  citizens  of  the  other^ 
in  cafe  of  a  war,  or  of  national  differences.  Great 
Britain  has  fleets  and  armies  ;  America  has  none. 
Query — Does  not  thi«?,  fuppoited  by  other  provifions, 
which  forbid  our  changing  the  commercial  fituatfs^a 
of  Great  Britain,  or  impoiing  higher  duties  on  her 
than  on  other  nations,  deprive  the  United  States  of 
her  beft  means  of  retaliation  and  coercion  ?  Queiy — 
Is  it  not  taking  from  America  her  only  weapon  of 
defence  j  but  from  Great  Britain  the  leaft  of  two 
weapons  which  fhc  poflefles  >  What  Is  the  relative 
proportion  held  by  the  citizens  of  the  contrafting  na- 
tions refpe<J:tively  in  the  funds,  &c.  of  each  other  I      ? 

7.  TiiQ  twelfth  article  opens  to  our  veffels,  not  ex- 
ceeding feventy  tonsy  an  intercourfe  with  the  Britifh 
Well- India  iflands,  during  the  prefent  war,  and  for 
two  ytai-s  after :  but  it  prohibits  our  exporting  from 
the  United  States,  melafTes,  fugar,  cocoa^  conee,  or 
cotton,  to  any  part  of  the  world,  whether  thofe  articles 
are  brought  from  Britifh,  French,  or  Spanifh  ifhmds,. 
or  even  raifed  (as  cotton  is)  within  our  own  territory. 
— ^Query — Are  veffels  of  feventy  tons  equal  to  main- 
tain the  moft  beneikia!  part  of  our  trade  with  the 
Wefl-Indies,  the  tranfportation  of  himber,  &c.?* 
Query — Do  wc  not  in  time  of  war  (and  the  continU** 


/ 


MW' 


C    9«     ] 


ancc  of  the  privilege  for  more  than  two  years  after 
the  war,  depends  on  the  fituation  in  which  his  inajcfty 
of  Great  Britain  fliall  then  find  himfelf  in  relation  to 
the  iflands)  enjoy  a  greater  privilege  under  the  tempo- 
rary proclamations  of  the  colonial  govcrnorb  than  thia 
article  admits  ?  Query — Have  not  the  articles,  which 
we  are  prohibited  from  exporting,  formed  of  late  a 
valuable  part  of  our  trade  ?  Is  not  cocoa  chiefly  cul- 
tivated by  the  Spaniards  ?  Is  not  cotton  a  ftanle  of 
America  ?  Is  our  own  confumption  equal  to  our  im- 
portation, or  growth  of  the  prohibited  articles  ^  Will 
not  the  want  of  a  vent  fur  any  fui-plus  quantity,  afFeft 
the  other  branches  of  our  commerce,  diminiih  the  de- 
mand for  fhip  building,  and  injure  our  agiiailture  ? 
If  we  are  now  thrown  out  of  this  branch  of  the  carry- 
ing trade,  {hall  wc  be  ever  able  to  recover  it  ?  and,  in 
ihort,  will  not  the  lofs  be  of  lalling  detriment  to  all 
our  maritime  exertions  ?   *-   *  t*  :;^"   ^'  * 

8.  The  thirteenth  article  admits  us  to  trade  in  the 
Briti^  fcttlements  in  the  Eail  Indies  :  bat  it  excludes 
us  from  any  (hare  in  the  coafting  trade  of  that  coun- 
try ;  it  fr>rbids  our  penetrating  the  interior  of  the 
country,  or  holding  an  intercourfe  with  the  natives, 
unlefs  under  a  Kcenfe  fi*om  the  local  Britifli  govern- 
ment ;  and  it  compels  us  to  land  all  the  articles  that 
are  there  fhipped,  in  the  United  States.  Is  not  China 
the  independertt  territory  of  the  emperor?  Is  not 
Canton  an  open  port,  accefiible  to  all  nations  ?  Do 
we  not  obtain  there,  and  at  independent  places  in  the 
Eall  Indies  with  which  we  have,  at  prefent,  an  un- 
interrupted communication,  tea,  porcelain,  nankeens,, 
ftlk,  5cc.  upon  the  principles  of  a  free  trade  ?  Does 
not  a  very  stdvantageous  part  of  the  trade  in  that  quar- 
ter of  the  globe,  confift  in  the  exchange  of  the  pro- 
duds  and  mamifeftures  of  the  £ail  Indies  for  thofe 
of  China,  and  vice  verfa  ?  Do  not  oui'  importations 
of  Eaft  India  goods  hr  exceed  our  confumption  ?  I* 
not  the  trade  which  we  carry  on  with  thole  goods  in. 
Europe,  highly  beneficial  ?    Axe  not  fiigar  and  co£&a 


I     i 


■  '•  il 


W>.l. 


■I 


I 


r  ^  ] 

a.part  of  our  Importations  &om  India,  and  ^es  not  the 
I2th.article  prohibit  our  re-exporting  them?  Docs  our 
trade  to  Europe,  founded  on  the  previous  intercourfe 
with  India,  depend  on  the  BritiHi  hcenfe ;  and  can  it  be 
•maintained  under  the  difad vantage  of  a  double  voy- 
age ?  Are  we  not  every  voyage  making  favourable 
impreffions  on  the  natives  of  China?  Do  we  not 
participate  at  prefent  in  the  carrying  trade  of  that 
countiy  ?     Does  not  our  intercft  in  it  increafe  rapidly  ? 

9.  The  feveral  articles  that  regulate  the  rights  and 
privileges  of  the  contrafting  parties  within  their  ref- 
peftlve  territories,  in  cafe  either  of  them  is  engaged 
in  a  war,  may  ceafe  in  two  years  after  the  prelent 
war  is  terminated,  and  cannot  be  protrafted  beyond 
twelve  years.  Queiy — rAre  not  all  thefc  advantages, 
in  -effeft,  exchifivcly  favourable  to  Great  Britain ,  a  prin- 
cipal maritime  power  of  Europe ;  often  engaged  in 
wars ;  and  interefted  to  obtain  for  her  (hips,  her  colo- 
nies, and  herfelf,  the  ports  and  fupplies  of  this  exten- 
five  continent  ? 

Is  it  probable  that  during  the  longeft  poiTible  exift- 
ence  of  this  treaty  (twelve  years.)  America  will  be 
engaged  in  maritime  wars,  will  want  EngliHi  ports  as 
a  refuge  for  men  of  war,  or  as  a  retreat  for  prizes  ? 
Or  that  it  will,  during  that  period,  be  of  importance 
to  her  objefts,  to  prevent  her  enemies  from  arming 
in  Englifh  ports,  or  felling  their  prizes  there  ? 

10.  The  twenty-fecond  article  provides  for  (hips  of 
war  being  hofpitably  treated  in  the  ports  of  the  ref^ 
ped^ive  contradling  parties ;  and  that  officers  (hall  be 
treated  with  the  refpe£l  that  is  due  to  the  commif- 
fions  which  they  bear?  Query — Could  not  the  principle 
of  reciprocity,  as  well  as  humanity,  fuggeft  to  Mr.  Jay, 
that  fome  provifion  fliould  be  made  to  proteA  our  ci- 
tizen iailors  from  the  fangs  of  firitifh  prefs  gangs  in 
England ;  and  from  the  horrors  of  their  prifon  fhips 
ip  the  Weil  Indies?  Were  the  commiffions  of  his. 
.Britannic  majefty  of  more  regard  than  the  liberties  of 
American  freemen  ?    Qr|  wa^  it  unknown  j^bat,(liQ%  / 


C    93    ] 

lands  of  off  failora  have  been  occafionally  cnflaved  by^ 
tiic  imprcfs  tyranny  of  the  Britifli  government  ?  Or 
that  thoufands  have  loft  their  lives  in  noxious  prifons^ 
while  their  veflfels  were  carried  into  Britifh  ports  for 
**  LEGAL  ADJUDICATION?" 

II.  The  fourteenth  article  provides  for  a  perfeft  li- 
berty of  commerce  and  navigation,  and  for  the  ac* 
commodation  of  traders ;  but  fubjedi  always  to  the 
laws  and  ftatutes  of  the  two  countries  refpedlively : 
Query — Are  not  the  laws  and  ftatutes  of  England  in« 
finitely  more  ngid  on  the  fubje£ls  of  this  article,  than 
the  laws  and  ftatutes  of  America  i 

^  IV.  The  Treaty  is  an  Inflnmeni  of  Party,         *^ 

'  I.  The  difcuflioDSy  during  the  feflion  of  congrefs, 
in  which  Mr.  Jay's  miffion  was  proje^ed,  evinced  the 
exiftence  of  two  parties,  upon  the  queftion  whether  it 
was  more  our  intercft  to  be  allied  with  the  republic  of 
France,  than  with  the  monarchy  of  Great  Britain. 
Query — Does  not  the  general  comolexion  cf  the  trea- 
ty decide  the  queftion  in  favor  of  the  alliance  with 
Great  Britain  ?  Query — Whether  that  complexion 
does  not  manifeftly  arife  from  the  proviiiaBS,  tor  ad- 
mitting a  Britifli  colony  within  our  territory  in  the 
neighbourhood  of  the  wcftern  pofts ;  for  admitting 
the  whole  Britifli  nation  without  an  equivalent  into  a 
participation  of  our  territory  on  the  eaftern  bank  of 
the  Miffiffippi ;  for  naturalizing  all  the  holders  of 
lands ;  for  opening  a  general  intercourfe  with  their 
traders  on  the  lakes  in  the  interior  of  our  country,  ren- 
dering (as  it  is  idly  faid)  the  local  advantages  of  each 
party  common  to  both ;  for  regulating  tho  external 
trade  of  the  two  nations  with  each  other  ;  for  admit- 
ting citizens  to  be  puniflied  as  pirates,  who  take  com- 
miffions,  &c.  from  a  belligerent  power  adverfe  to  ei- 
ther contraAing  party  j  for  fettering  the  operations  of 
our  treaty  with  France ;  for  furrendering  criminals, 
&c.  &c.  Sec. 


I     1\ 


i   \ 


} 


C    94    3 

m  d  :  . 

2,  The  meafures  propofed  by  one  party  ^  retaKate 
the  injuries  offered  by  Great  Britain  to  our  territorial, 
commercial  and  political  rights,  were  oppofed  by  the 
other,  precifcly  as  the  treaty  oppofes  them*  For  in- 
fiance :— • 

( I . )  Mr,  Madifon  projefts  a  regulation  of  our  com- 
merce with  Great  Britain,  by  which  the  hoftile  fpirit 
of  that  nation  might  be  controuled  on  the  footing  of 
its  intereft.  The  treaty  legitimifes  the  oppofition 
•which  was  given  to  the  mealure  in  congrefs,  by  de- 
claring in  article  fifteen,  **  that  no  other  or  higher  du- 
ties (hall  be  paid  by  the  (hips  or  merchandize  of  the 
one  party  in  the  ports  of  the  other,  than  fuch  as  arc 
paid  by  the  like  veifels  or  merchandize  of  all  other 
nations  ;  nor  (hall  any  other  or  higher  duty  be  impof- 
ed  in  one  countiy  on  the  importation  of  any  articles 
of  the  growth,  produce,  or  manufactures  of  the  other, 
than  are  or  (hall  be  payable  on  the  importation  of  the 
like  articles  of  the  growth,  &c.  of  any  foreign  country. 

( 2. )  Mr.  Clarke  propofes  to  manifcft  and  enforce  the 
public  refentment  by  prohibiting  all  intercourfe  be- 
tween the  two  nations.  The  treaty  deftroys  the  very 
right  to  attempt  that  fpecies  of  national  denunciation, 
by  declaring  in  the  fame  article,  that  "  no  prohibition 
(hall  be  impofed  on  the  exportation  or  importation  of 
any  articles  to  or  from  the  territories  of  the  two  par- 
ties refpeftively,  which  (hall  not  equally  extend  to  all 
ether  nations.** 

(3.)  But  Mr.  Dayton  moves,  and  the  houfc  of  re-^ 
prefentatives  fupport  his  motion,  for  the  fequeftration 
of  Britifh  debts,  &c.  .to  enfure  a  fund  for  paying  the 
foliations  committed  on  our  trade.  The  treaty 
(without  regarding  the  refpe6l  due  to  the  commidion 
which  is  borne  by  our  members  of  congrefs)  not  only 
defpoils  the  government  of  this  important  inftrument 
to  coerce  a  powerful,  yet  interefted  adverfary  into  adls 
of  juftice,  but  enters  llkewife  into  a  commentary, 
whicii,  confidering  the  conduA  of  one  of  the  branch- 
es of  our  legiflature.  Lord  GrenviUc,  confiftently  with 


f 


i 


decorum,  fipuld  not  have  expreffed,  or  at  leaft  Mr.  Jay, 
for  the  fake  of  our  national  dignity,    ought  not   to 
have  adopted.     The  tenth  article  declares,  that  "  nei- 
ther the  debts  due  from  individuals  of  the  one  nation 
to  individuals  of  the  other,    nor  (hares  nor  monies 
which  they  may  have  in  the  public  funds,   or  in  the 
public  or  private  banks,  (hall  ever,  in  any  event  of  war 
or  national  difference,  be  fequeftered  or  confifcated,  ii 
being  unju/i  and  impoliticy  that  debts  and  engagements 
contra^ed  and  made  by  individuals  having  confidence 
in   each  other   and   in  their  refpe^live  governments, 
fhould  ever  be  deftroyed  or  impaired  by  national  au- 
thority on  account  of  national  differences  and  difcon- 
tents."     The  terms  are  very  fimilar  to  thofe  that  gave 
Mr,  Dayton  offence  in  a  fpeech  pronounced  by  Mr. 
Ames  ;  and  certainly  it  will  be  deemed  no  mitigation, 
that  the  charge  of  committing  **  an  unjujl  and  impolitic 
aft,"  has  been  wantonly  engrafted  upon  the  mofl  fo- 
lemn  of  all  inflruments, — a  public  treaty  !    Query  :— 
Would  Lord  Grenville  have  confented  to  brand  his 
Royal  Mafler  with  the  title  of  Great  Sea  Robber^    if 
Mr.  Jay's  urbanity  could  have  permitted  him  to  bor- 
row the  epithet  from    another  member  of  congrefs, 
in  order  to  infert  it,  in  the  art'cle  that  relates  to  the 
Britifh  fpoliations  on  our  traac  '    But  perhaps,    Mr. 
Jay  forgot,  that  the  commentary  operated  as  a  reflec- 
tion on  the  government  of  the  United  States,  and  on- 
ly meant  it  as  a  reproach  to  Great  Britain,  for  fequef- 
tering  during  the  late  war,  and  retaining  at  this  mo- 
ment, the  property  belonging  to  Maryland,  lying  in 
the  bank  of  England.     It  might,  likewife,  be  intend- 
ed as  a  fatire  upon  the  parliamentary  fequeflration  of 
French  property  in  the  famous  "  Intercourfe  Aft  :'* 
or,  perhaps,   Mr.  Jay  anticipated  the  revolution  in 
Holland,  and  defigned  his  commentary  as  a  warning 
*  againft  the  feizing  of  Dutch  property,    public  and 
private  ;  which,  however,  has  fince  taken  place,  in  fpite 
of  his  folemn  admonition.  / 


'Hi 


1 1  iii 


I.   Mj 

.■?-. 


C    9«    ] 

.  3.  The  trials  that  had  occurred  relative  to  the 
equipment  of  French  privateers  in  our  ports ;  and  the 
cnliliment  of  our  citizens  in  the  fervic^  of  the  repub- 
lic, had  produced  fome  embarraffinent  in  the  courfe 
of  party  purfuits.  Thefe  are  obviated  by  the  treaty. 
The  Britifli  nation  by  which  the  emprefs  of  Ruffia 
has  always  been  iupplicd  with  naval  officers,  and  whofe 
fleets  and  armies  are  always  crowded  with  volunteers 
from  other  nations,  confents  that  her  lubjed^s  ftiall  not 
fervc  agiiinft  us  ;  and  ili^ulates  that  our  citizens  fliall 
not  ferve  againft  her.  This  contraA  is  made  with  a 
power  adiually  engaged  in  a  war ;  and  feldom  more 
than  feven  years  clear  of  one  ;  by  a  power  at  peace, 
not  liable,  from  her  local  pofition,  and  political  con- 
ilitution,  to  be  involved  in  war,  and  in  ilndt  alliance 
with  the  nation  againft  whom  the  ilipulation  will  im- 
mediately operate.  Captain  Barney  and  the  other 
Americans,  who  have  joined  the  arms  of  France,  are 
thus  involved  in  the  moft  ferious  dilemma.  If  they 
expatriate  thcmfelves,  they  may  poiTibly  efcape  the 
vengeance  of  the  American  government ;  but  will 
that  fave  them  from  the  vengeance  of  Great  Britain^ 
whofe  concefiions  on  the  dodtrine  of  expatriation  are 
not  quite  fo  liberal  ?  By  the  bye,  it  may  here  be  fea- 
fonably  repeated,  that  while  Mr.  Jay  was  fo  willing 
to  prevent  American  citizens  from  entering  into  the 
fervice  of  France,  he  might  furely  have  taken  fome 
pains  to  fecure  them  from  being  pre/fed  into  the  fer« 
vice  of  England.  He  would  have  found,  on  enquiry, 
that  the  inftances  of  the  latter  kind  are  infinitely  more 
numerous  than  of  the  former.  But  it  is  tDough  thait 
the  meafure  will  be  introdu£kory  of  a  law,  favourable 
to  the  view  of  a  party  which  reprobates  every  idea  of 
affifting  the  French,  and  cultivates  every  means  of 
conciliating  the  Britifli. 

4.  it  has,  likewife,  been  thought  by  fome  politic!* 
ans,  that  the  energies  of  our  executive  department  re- 
quire every  aid  that  can  be  given  to  them,  in  order 
more  eifedlually  to  refift  and  controul  the  popular 


laf 


tC     97     ] 

branches  of  \\\e  government.      Hence  we  find  the 
treaty-making  power  employed  in  that  fervicc  :    and 


making  ^he  celEon  of  its  authority) 
nation  of  war  again  ft  Great  Britain.  George  the  third 
enjoys  by  the  treaty  a  more  complete  negative  to  bind 
us  as  llatesi  than  he  ever  claimed  over  us  as  colonies. 

V.  The  Treaty  is  a  vtolation  of  the  general  principles  of 
neutrality  f  and  is  in  colllficn  with  the  pofitive  previous 
engagements  which  fuhftjl  between  America  and  France* 

:1.  <It  18  a  general  principle  of  the  law  of  nations, 
that  during  the  exiftence  of  a  war,  neutral  powers 
ihall  not,  by  favor,  or  by  treaty,  fo  akcr  the  fituation 
of  one  of  the  belligerent  parties,  as  to  enable  him 
more  advantageoufly  to  profecute  hoftilitics  againft 
bis  adverfary.  If,  likewife,  a  neutral  power  ftiall 
refufc  or  evade  treating  with  one  of  the  parties,  but 
eagerly  enter  into  a:treaty  with  the  other,  it  is  a  par- 
tiality, that  amounts  to  a  breach  of  neutrality.  Thefe 
pofttions  may  be  fupported  by  the  authority  of  the 
moft  efteenicd  writers  on  the  fubje^l ;  but  it  will  be 
fufRcient  in  the  prefent  cafe,  to  cite  the  condudl  of 
Great  Britain  herlelf.  Thus,  it  has  been  adjudged  by 
Lord  Mansfeldy  "  that  if  a  neutral  fhip  trades  to  a 
French  colony,  with  all  the  privileges  of  a  French 
(hip,  and  is  thus  adopted  and  naturnrt%edf  it  muft  be 
looked  upon  as  a  French  fhip,  liable  to  be  taken.** 
See  Judge  Blackfione*s  reports,  I  vol,  /.  315,  314. 
According  to  the  principle  on  which  this  judgment 
was  given,  the  aft  of  iifuing  the  memorable  orders 
0/  the  6th  of  .November,  1793*  and  the  confequent 
feizure  of  all  our  veffels,  are  attempted  to  be  juftified. 
Great  Britain  alleges  (when  it  is  injurious  to  France) 
that  trading  with  the  French  illands,  on  a  footing  not 
allowed  before  the  war^  is  a  breach  of  neutmityi  aud 

K 


* 


A'-i^ 


•)  > 


i 


caufe  of  confifcation  :  and,  therefore,  Great  Britain 
muft  alfo  admit,  at  lead  America  will  not  deny,  that 
trading  with  the  Britifh  iflands,  on  a  footing  not 
allowed  before  the  war;  or,  in  different  words,  altering 
and  enlarging  the  commercial  relations  of  the  two 
.countries,  is  equally  a  breach  of  our  neutrality  towards 
France.  When  the  fword  is  found  to  cut  both  ways^ 
the  party  who  ufes  it  has  no  right  to  complain. 

2.  That  we  have  on  the  one  hand,  evaded  the  over- 
tures of  a  treaty  with  France^  and  on  the  other  hand, 
folicited  a  treaty  from  Great  Britain,  are  fa6ts  public 
and  notorious.  Let  us  enquire  then  what  Great  Bri- 
tain has  gained  on  the  occnfion,  to  enable  her  more 
advantageoufly  to  profecute  her  hoililities  againft 
France.  ^-  •«. 

( I . )  Gnat  Britain  has  gained  time.  As  nothing  is 
fettled  by  the  treaty,  (he  has  it  in  her  power  to  turn 
all  the  chances  of  the  war  in  her  favor ;  and,  in  the 
interim,  being  relieved  from  the  odium  and  embarraif- 
ment  of  adding  America  to  her  enemies,  the  current 
of  her  operations  againft  France  is  undivided,  and 
will  of  courfe  flow  with  greater  vigor  and  certainty. 
Wc  have  been  for  fo  many  years  fatlBiied  with  the  pro- 
mifes  of  the  treaty  of  peace,  that  Great  Britain  has 
caufe  to  expedt  at  kaft  an  equal  period  of  credit,  for 
the  promifes  of  the  treaty  of  amity.  If,  indeed,  it  is 
true,  that  the  reafons  afllgned  by  lord  Grenville  to 
Mr.  Jay,  for  declining  an  immediate  fuirender  of  the 
pofts,  were,  jprjlj  that  the  Britifh  traders  might  have 
time  to  arrange  their  out-ftanding  bnlinefs  ;  a  privilege 
fhat  is  exprefsly  granted  by  the  treaty,  and  could  not, 
therefore,  fumifh  a  real  excufe  for  delay  ;  and  fecondfyf 
that  the  Britifh  government  might  be  able  to  afcertain 
what  would  be  the  probable  efftdl  of  the  furrender,  on 
the  Indians  ;  a  refsrvation  that  Jemnnjirates  an  intention 
to  be  governed  by  events  ;  we  can  very  well  account  for 
the  late  extenfive  fhipment  of  artillery  and  ammuni- 
tion to  Canada ;  and  may  cafily  calculate  the  import- 


■■■-.     I      .'    *  .  •(-_  ■; 


ance  of  gaimng  fmf,  in  order  to  promoic  the  Amcri-- 
can,  as  well  as  Europciin,  objc6h  of  Great  Britain. 

(2.)  Greaf  BrUa'm  gains  fupplks  for  her  IVeJl  India 
colonies  -•  and  that  for  a  period  almoft  limited  to  the 
continuance  of  the  war,  under  circtimftanccs  which 
incapacitate  her  from  furniftiing  the  colonial  fiipplicH 
herfelf ;  and,  indeed,  compel  her  to  invite  the  aid  of 
all  nations,  in  furnifhing  provifjons  for  her  own  domef- 
tic  fupport.  The  fupplies  may  be  carried  to  the 
iflands  either  in  American  bottoms  not  exceiding  /evenly, 
tons,  or  in  Britj/h  bottoms  of  any  tonnage.  * 

r  3. )  Great  Britain  gains  an  advantage  over  France,  by 
prohibiting  the  exportcUion  of  fugar J  life,  in  confequence 
of  which  the  colonies  of  France  muft^  in  a  great 
meafure,  remain  unfuppHed  with  provifions.  Sec.  as 
they  can  only  in  general  pay  for  them  in  thofe  ai tides, 
*ufhafe  ufs  is  confined  to  the  American  confumption.  It 
will  be  remembered,  that  the  produce  of  the  French 
iflands  has  of.  late  conftituted  a  great  part  of  our 
European  remittances.  If,  therefore,  .that  trade  is 
cut  off,  and  at  the  fame  time,  befides  employing  our 
own  fmall  craft  of  feventy  tons,  Great  Britain  is  al- 
lowed, to  any  extent  of  tonnage^  to  be  our  Weft  India 
fa6lor,  it  is  obvious  that  our  confumption  of  fugar,. 
coffee,  &C.-&C.  will  be  abundantly  fupplied,  without 
maintaining  an.  intercourfe  with  the  French,  or  even 
with  the  Eaft  Indies,  to  procure  any  of  thofe  articles. 
Perhaps  this  method,  though  lefs  bold,  will  be  more 
cfFeducl  to  prevent  our  furnifhing  the  French  iflands 
with  provifion,  than  declaring  them  to  be  in  a  ftate  of 
blockade,  and  feizing  the  velFels  that  attempt  to  vifit 
them. 

(4.)  //  is  another  important  gain  to  Great  Britain 
(which  might,  llkewife,  have  been  adverted  to  under 
the  feature  of  reciprocity)  that,  to  any  extent  of  ton-^ 
nage,  her  veffels  may  carry  on  the  Wejl  India  trade  for 
«x,  either  to  fupply  our  domeflic  confumption,  or 
European  engagements,  fubjea  to  no  other  or  higher 
duties  than  our  own  vefels,  while  our  own  vefTels  are- 


»  ». 


t 


r.w)i  3 


[       100      ] 

reftriAed  to  a  pitiful  fize,  andcircumfcribedto  a  pai^ 

III  ticular  voyage.      But  whatever  may  be  thought  of 

the  benefit  of  acquiring  for  America  even  this  fcanty 

participation  in  the  Weft  India  trade,  no  one  (after 

the  rejeftion  of  the  twelfth  article)   will  deny  that 

the  whole  meafurc  changes  the  relative  fituation  of 

the  two  countries,  avowedly  in  favor  of  Great  Britain, 

'    ;    and  operatively  injurious  to  France;  and  every  fuch 

change  is  derogatory  to  our  boafted  neutral  charaften 

(  5 . )  Theadmtfftbn  of  Great  Britain  to  all  the  commercial 

advcintnges  of  the  mojl  favored  nation^  and  the  reflramts 

impofed  upon  our  legiflattve  independence ^  as  ftated  in  the 

party  feature  of  the  treaty,  are  proofs  of  predileAion 

and  partiality  in   the  American  government,  which 

^    e*innGt  fail  to  improve  the  refources  of  Great  Britain, 

and  to  impair  the  interefts,  as  well  as'the  attachments, 

of  France. 

(6«)   T^he  ciffenttothe  fet%ureofallpro*oiJi(m'jhipsy?iSsA. 
'  .  that,  in  efFedt,  upon  any  pretext,  at  a  period  when 
Great   Britain   is  diftrcffed  for  provifions,  as  well  as 
*    France;  and  when  the  fyftem  oi  fubduing  by  famine 
has  been  adopted  by  the  former  againft  the  latter 
nation,  is  cleariy  changing  our  poiition^  as  an  inde- 
pendent  republic,  in  a  manner  detrimental  to  our  ori- 
ginal ally.     That  our  merchants  will  be  paid  a  rea- 
fonahle  profit  for  their  cargoes,   &c.  may  render  the 
meafure  more  palatable  to  us  ;  even  under  the  lofs  of 
•  the  return  cargo,,  the  derangement  of  the  voyage, 
•  ,  and  the  deftru6tion  of  the  fpirit  of  commercial  enter- 
prize  ;  but  that  confideratioa  cannot  render  it  lefs 
ofFenfive  to  France.      It  may  properly  be  here  re- 
marked, that   Sweden   and   Denmark  have  obtained, 
by  a  fpirited  refiftance,  an  adlual  indemnification  for 
the  feizures  which  have  heretofore  taken  place,  and 
an  exemption  from  all  fuch  outrages  in  future ;  whMe 
,■    America  has  only  put  thofe  which  are  paft,  in  a  train 
of  negociation,  and  has  given  a  legitimate  ejfed  to  thofe 
-  which  are  to  come      The  order,  which  the  Englifti 
^     gazettes  fay>    has  recently  beea   ilTued  for  feizing, 


C       JOI       ] 


& 


American  provlfion-fliips,.  on  their  paffage  to  France, . 
ought  not, -therefore,  to  be  complained  of,    as  it  is- 
merely  an  cxercife,    by  anticipation,    of   the   right 
granted  by  the  treaty. 

(7.)  Great  Britain  has  gained  the  right  of  preventing, 
our  Citizens  from  being  volunteers  in  the  armies  orjbips 
of  France  !  This  ia  not  limply  the  grant  of  a  new 
right  to  Great  Britain,  but  ia,  at  the  fame  time,  a  poll- 
tive  deprivation  of  a  benefit,  hitherto  enjoyed  by. 
France,  Neither  the  laws  of  nations^  nor  our  muni- 
cipal conilitution  and  laws,  prohibited  our  citizens 
from  going  to  another  country,  and  therej  either  for  the 
fake  of  honour,  reward,  or  inftruftlon,  ferving  in  a 
foreign  navy,  or  army :— Colonel  Of<wald  and  many 
others  have  done  it :— Captain  Barney  and  many  others 
are  doing.it*  But  a  proclamation  mufl  ifTue  to  recall 
all  fucb  volunteers,  and  punifhment  muft  follow  difo- 
bedicnce,  if  the  twenty-firft  article  of  the  treaty  is  to 
be  effe6luated,.  as  the  fupreme  law  of  the  land.-        .,s. 

(  8. )  Great  Britain  has  gained  a  right  to  treat  andpunifh 
as  pirates  y  any  of  our  citizens  whofhall  accept  y  even  whik 
they  are  in  France,  any  commiffion  to  arm  a  privateer, 
or  letter  of  marque.  It  is  true,  that  a  fimilar  provifi- 
on  is  contained  in  other  treaties ;  but  we  are  now  on- 
ly confidering  the  alterations  which  are  made  by  the 
treaty  under  difcuflion,  in  favor  of  Great  Britain,  and 
injurious  to  France.  How  far  there  exifts  a  power 
to  define  piracy,  by  treaty,  will  be  remarked  in  deli- 
neating.another  feature  of  Mr.  Jay's  diplomatic  off-- 
fprlng. 

( 9. )  Great  Britain  has  doubly  gainedyjty  obtaining  in  our 
ports,  an  afylum  for  herfhtps  of  nxmr,  privateers,  prizes y 
Iffc,  and  jftipttlating  for  an  exclu/ton  of  thofi  of  her  ene» 
mies,  other  (it  it  admitted)  than  France.  The  twenty- 
fourth  and  twenty  fifth  articles  of  the  projected  trea- 
ty, are  nearly  copied  from  the  fubfifting  treaty  with 
France.  It  would  be  curious,  however,  to  refleft  on 
the  very  difidrent  motives,  which  muft  juftify  (if  tho- 
;  K  ^ 


;  t> 


'  .  ,i  \.  ^!5 


f     ro^    J 


, 


idea  of  a  juftlfication  could  in  the  late  inftance  be  afc 
all  admifllble)  thefe  analagous  grants.  The  concefii- 
on  to  France  was  made  when  we  were  at  war^  and 
Jhe  was  not ;  it  was  made  upon  a  certainty  of  recipro^ 
cal  advantage  ;  anxl  it  was  made  as  a  price  for  obtain- 
ing the  aid  of  that  gallant  nation  in  the  eftabliftiment 
of  our  independence.  The  conceflion  is  made  to 
Great  Britain  when  Jhe  is  at  war,  and  we  are  not  ; — . 
without  any  rational  profpeB  of  deriving  any  reciprocal  ad' 
^vantage  from  it ;  and  under  fuch  circumftances  of  in- 
jury and  infult,  as  might  have  admonifhedus/o  referve 
it  as  the  price  for  obtaining  aid  from  other  nations  in  re- 
jyiing  her  hojltliiiesj.  inilead  of  paying  it  foi*  fmiles  with- 
out afFed^ion,  and  promifes  without  fincerity.  When 
we  were  making  treaties^  with  Holland,  Pruffia,  &c. 
did  we  not  exprefsily  exclude  them  from  fuch  imports 
ant,  and  as  we  have  already  ferioufly  experienced,, 
fiich  dangerous  privileges  ?     ,  v    .  ,v?^. M-lr-^  ^S.  ; 

But  it  will  be  afl<:Gdj  perhaps,  what  mighty  benefit 
has  Great  Britain  gained  in  this  cafe  at  the  expenfe 
of  France,.,  fince  the  prior  fimilar  privileges  of  Frr.nce 
are  exclui'ive  ?  Jlnfwer  .•-—That  as  the  privilege  of 
Great  Britain  will  operate  againll  eveiy  other  nation, 
it  will  immediately  afFetl  the  French  republic's  alli- 
ance, ofFcnIive  and  defenfive,  with  the  United  Pro- 
vinces, which  preceded  the  ratification,  at  leaft,  of  the 
treaty  :  and  it  m:iy  eventually  have  the  fame  perni- 
cious influence  in  relation  to  Pruffia,  Spain  and  Por- 
tugal, whofe  difpoiition  to  change  fides,  in  the  pre- 
fcnt  war,  has  been  unequivocally  exprrTed.  Thus, 
though  Holland  and  Prulii^  made  tre.  lea  with  us 
long  before  Great  Britain  would  admit  the  idea  of  a 
negociation,  and  though  S|;pain  and  Portugal  are  the 
only  cuftomers,  who  furni(h  us  with  a  ready  money 
balance,  for  the  vei-y  purpofe  of  paying  our  annual 
accumulation  of  debt  to  Britain,  the  harbours  of  A- 
merica  are  open  to  their  vefTels  as  prices,  but  ihut  to 
them  as  friends :  They  may  be  brought  hither  and 
fold  by  their  enemies ;    but  if  they  have  captured 


[    103    3 

their  enemy,  all,  but  common  neceffaries,  fliall  be 
denied  to  them !  The  habits,  bias,  and  opinions  of  a 
people,  ought  not  to  be  ahogether  difregarded  in 
making  a  treaty.  What  honeft,  feeling  American, , 
could  patiently  fee  an  Englifhman,  our  Junjhine  ally^ 
bringing  into  our  porta,  «j /n«fj,  the  (hips,  of  Hol- 
land, our  ally  in  the  times  thai  tried  men\s  fouls  ; — a  repub- 
lic, indiffolubly  united  with  France, — ^that  earlieft,  lat- 
eft,  beft  of  .friends?  What  honeft,  feeling  American, 
even  fubmitting  to  a  fcene  fo  painful,  would  willingly 
afllft  in  expelling  from  our  ports  the  (hips  of  Holland, , 
which  had  merely  retaliated^    by  the  capture  of  their. 

foe?  .    .     .       ' 

3.  But  it  is  time  to  advert  to  the  cafes  of  colltfionht* 
tween  the  two  treaties ;  and  thefe  are  of  fuch  a  nature 
as  to  produce  a  violation  of  the  fplrit,  though  not  a  po-  - 
fitlve  violation  of  the  words  of  the  previous  engage- 
ments,   that  fubfift  between  France  and  America—- 
They  are  caufes  of  offence^  and  clqfh  in  the  highejl  degree. . 

(i.)  By  the  ninth  article  of  the  treaty  of  alliance  with  • 
France y  *tx>e  guarantee  the  pojfejfions  of  that  nation  in  Ameri" 
ca*     It  is  true,  that  our  fituation  re  fuch  as  to  incapaci- 
tate, and  of  courfe  to  excufe  us  from  2idire3  fulfilment . 
of  this  guarantee ;  but  it  is  equally  true,  that  we  violate 
our  faith,  whenever  we  do  any  thing  that  will,  either 

dlreAly  or  indireftly,^  endanger   thofe .  poffeffions. 

Q^eiy — -Whether  facilitating  the  means  of  fupplying . 
the  Britifli  forces  in  the  Well  Indies  will  not  be  the 
efFe£l  of  the.  arrangements  relative  to  the  trade  with « 
the  Britifh  iflands  ?    Query — Whether  reftraining  our . 
intercourfe  with  the  French  iflands,  aSv  a  confequencc 
of  the  treaty  already  predicated,  will  not  expofe  them  . 
to  want,  and  of  courfe  to  the  neceffity  of  yielding  to 
their  enemies  ?     Does  not  every  fuch  advantage  giv- 
en to  Great  Britain,  clqflj  with  our  engagements  to . 
France  ? 

(2.)  By  our  treaty  with  France,  and  Indeed  with 
feveraL  other  nations,  it  is  exprefsly  Jlipulated^  that  fr^^ 


■f-i 


'  It?"  I 
1 .  > 


• .».' 


[■    104    T 


* 


It 


yffels  /Rail  make  free  goods.     At  the  time  of  entering^ 
into  the  ftipulation,    and  even  at  this  monnent,   the 
maritime  ftrength  of  France  (always  fuperior  to  that 
of  Denmark  and  Sweden,   which  has,  imder  fimilar 
circumftances,    heen  fuccefsful)   coidd  command  the 
refpedl  of  the  world  for  her  engagements.     It  is  true 
America  neither  was,  nor  is,  in  a  fituation  to  produce 
the  fame  complaifance ;  and  on  the  ground  of  that 
weaknefs,  France  has  hitheito  candidly  difpenfed  with 
a  ftrift  performance  of  the  treaty.    But  though  Ame- 
rica cannot  enforce,  (he  ought  not  to  abandon^  her  en- 
gagements :  (he   may   fubmit   to   imperious    necefli* 
ty,  but  Jbe   cannot    voluntarily  bring  into  queftion  the 
right  of  protc6i{ng,  as  a  neutral  power,  ^  the  property 
of  France  ;  while  France  is  not  only  ready  and  able  to 
afford  her  property  the  ftipulated  protedion,  but  in 
conformity  to  the  ftipulation,  aftually   allows  the  pro- 
perty of  Great  Britain  to  pafs  free,  under  the  fan^ion  of 
the  American  flag.     When,,  therefore,  the  treaty  with 
Great  Britain  agrees,  that  within  two  years  after  the 
termination  of  the  exifting  war,  it  Jhall  he  dif cuffed 
**  whether  in  tiny,  and  what  cafes,  neutral  veffels  fhall 
protedt  enemies'  property" — does  it  not  clafh  with  our 
previous  promife  to  France,  that  free fiups  fhall  make  free 
goods?     And  when  the  treaty  with  Great  Britain,  'm 
formal  and  explicit  terms,  further  agrees,^*'  that  in  all 
cafes  where  veflels « fhall  be  captured  or  detained,  on' 
fufpicion  of  having  on  board  enemies*  property,  &c. 
the  part  which  belongs  to  the  enemy  Jhall  be  made  pri%e^^ -^^ 
Is  not  this  an  evident  coUifion  with  ourpreviota  agreement 
with  France,  and  with  the  fecurity  which  Britifh  pro- 
perty enjoys  in  confequencc  of  it  ?     While  France  ad- 
heres to  her  treaty,  by  permitting  Blriti/h  goods  to  be 
protected  by  American  bottoms,  is  it  honeft,  honor- 
able,' or  confiftent,  on  our  part,. /o  enttr  voluntarily  in*' 
to  a  compaEt  with  the  enemies  of  France,  for  permit  •^Mig 
them  to  take   French  goods  out  of  our  vefcls  ?     We 
may  not  be  able  to  prevent,  but  ought  we  J  o  agwe  to 
the  proceeding  ?    Let  the  queftion  be  repeated — Il^h^^ 


■  1  ■tr  YVJ'^' 


z  to5  r 

TTiDt  fuch  an  exprefs  agreement  clafli  with  our  exprefs, 
as  well  as  Implied,  obligations  to  France  \ 

(3.)  By  cnumer?^;ng,  as  contraband  articles,  in  the 

treaty  with  Great  Britain,  certain  articles  which  are 

declared  free  in  the  treaty  with  France,  w^  may^  coti" 

^Jlently  <wUh  the  latter^  f^PPb'  ^'*^^'  Britain  ;  but^  co:> 

Jlftently  with  the  former ,   we  cannot  fupply  France, 

Thus  our  treaty  with  France  (and  indeed,  every 
treaty  which  we  have)  exprefsly  declares,  that,  "  in 
general  all  provifions  which  ferve  for  the  nourifliment 
of  mankind  and  the  fuftenance  of  life  ;  furthermore^ 
all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes, 
cables,  fail  cloths,  anchors  and  any  parts  of  anchors, 
alfo  (hips,  mafts,  planks,  boards  and  beams  of  what 
trees  foever ;  and  all  other  things  proper  either  for 
building,  or  repairing  (hips,  and  all  other  goods  what- 
ever, which  have  not  been  worked  into  the  form  of 
any  inftrument  for  war,  by  land  or  by  {^di,  Jhall  not  be 
reputed  contraband,*^ 

The  treaty  with  Great  Britain  exprefsly  declares^ 
"  that  timber  for  (hip  building,  tar  or  rofw,  copper 
in  flieets,  fails,  hemp  and  cordage,  and  generally 
whatever  may  ferve  diredlly  to  the  equipment  of  vef- 
fels,  unwrought  iron,  and  fir  planks  only  excepted, 
Jhall  be  objeSs  of  confifcation^  whenever  they  are  attempt^ 
ed  to  be  carried  to  an  enemy, I* 

'  Whether  this  ftipulation  can  be  confidered  as' 
founded  on  a  principle  of  reciprocity^  lince  the  ar- 
ticles declared  to  be  contraband  are  among  our  princtf 
pal  exports,  but  among,  the  principal  imports  of  GrecA" 
Britain,  might  have  been.  Averted  to, .  in  tracing  a 
former  feature  of  the  treaty ;.  but  let  it  be  now  can- 
didly anfwered,.  whether  it  is  not  in  collifion  with  our 
previous  engagements  with  France?  The  right  to 
make  fuch  a dipulation,  is  not,  atprefent,  controvert- 
ed ;  but  only  the  aflertion,  that  exercifing  t^e  tight 
does  not  clajh  in  any  degree  with  the  terms  and  fpirit  of 
the  French  treaty.  France  exempts  thofe  important 
materials  of  our  commerce  from  confifcation,  in  favot 


ri.^s- 


!!/■; 


:#v 


I     '06     ■} 

of  all  the  world:    Great  Britain  condemns  them  tc 
confifcation  whenever  they  fliall  be  carried  to  her  ene 
mies  J  and  the  compaft  is  made,  while  France  is  one 
of  her  enemies !  I 


A'>,»l,v./>rf    »l     *.fui 


f* 


■^*, 


VI.  T^e  Treaty  cifith  Great  Bntain  is  calculate  J  to 
injure  the  United  States^  in  the  friend/kip  and  favor 
of  other  foreign  nations* 


■  iJy/%-\ 


-h. 


I .  That  the  friendfliip  and  favor  of  France  will  be 
afft<fted  by  the  formation  df  fo  heterogeneous  an  alli- 
ance with  her  moft  implacable  enemy,  cannot  be 
doubted,  if  we  reafon  upon  any  fcale  applicable  to 
the  policy  of  nations;  or  the  paiuons  of  man.  From 
that  republic,  therefore,  if  not  an  explicit  renuncia- 
tion of  all  connexion  with  the  United  States,  wc  may 
at  lead  expedl  an  alteration  of  condu6^ :  and  finding 
the  fuccefs  which  has  flowed  from  the  hoftile  treat- 
ment that  Great  Britain  has  fhown  towards  us,  (he 
may  be,  at  length,  tempted  to  endeavor  at  extorting 
from  fear^  what  (he  has  not  been  able  to  obtain  yr<7m 
qffeSlion,  She  will,  probably,  declare  Great  Bntain 
in  a  ftate  of  blockade,  for  the  purpofe  of  feizing  our 
veflels  in  Europe  ;  and  flie  may  inftitute  courts  for 
**  legal  adjudication,"  in  order  to  confifcate  our  veflels 
in  the  Weft  Indies.  Great  Britain  will  then  chuckle  at 
the  fcene.  No  one  can  doubt  that  our  embarraflments 
will  gratify,  not  only  the  avowed  obje6l8,  but  the 
latent  refentments,  of  that  nation.  Even  if  flie  could 
obliterate  the  memory  of  our  revolution,  {he  cannot,, 
with  pleafure,  behold  the  fuccefsful  experiment  of  a 
republican  fyftem  of  government ;  nor  the  rapid  ad- 
vances of  a  commercial  competitor.  The  moment 
Ave  has  produced  a  quari'el  between  America  and 
France,  flie  may  exclaim,  "  Delemla  efl  Carthago  P* 
America  is  again  a  colony  !  How  different  were  the- 
interefts  and  difpofitions  of  our  tried'  friend  f  That 
our  government  fliould  prefei*ve  its  purity  and  inde- 
pendence— that  our  commerce  and  agiicultucp  fhouldi 


TittJ 
the) 

heJ 
the 
the 


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nd 
/»* 

he 


-^ttaui  their  zenith — were  views  once  congenial  with 
the  policy  and  afFcAions  of  the  French  nation  :  Heart, 
head,  and  hand,  fhe  would  have  joined  in  promoting 
them,  figainil  the  arts  and  enmities  of  all  the  red  of 
the  world  I  What  a  change,  then,  have  we  made  ! 

"  Look  on  this  piAure,  and  on  that  : 
**  The  counterfeit  prefentment  of  two  /lilies  ! 
**  Who  would  on  this  fairmountain  leave  to  feed, 
<«  To  batten  on  that  moor  I** 

2.  During  the  war,  we,  likewife,  formed  a  feafon- 
able  and  ferviceable  treaty  with  the  United  Nether- 
lands ;  and,  fhortly  after  the  war,  treaties  were  efta- 
blifhed  with  Sweden,  Pruflia,  &c.  But  in  order  to 
avoid  even  the  appearance  of  clajhing  or  coll'ifon  with  the 
French  ti*eaty,  the  powers,  thus  early  in  courting  oiu* 
alliance,  were  not  allowed  thofe  privileges  of  afylum 
for  themfelves,  and  of  excluding  their  enemies  from 
•our  ports,  which  are  conceded  in  the  proje6led  treaty 
to  Great  Britain.  Have  thofe  nations  no  caufe  for 
jealoufy  and  reproach  ?  What  principle  of  policy  or 
juftice  can  vindicate  the  partiality  and  prediledlion, 
that  has  been  thus  fhown  ? 

3.  But  the  projeAed  treaty  (after  an  affci^ed  recog- 
nition of  pre-exifting  public  treaties)  declarCvS,  that 
while  Great  Britain  and  America  continue  in  amity, 
no  future  treaty  (hall  be  made,  Inconfiftent  with  the 
articles,  that  grant  the  high  and  dangerous  privileges, 
that  have  been  mentioned!  Every  nation  of  the 
earth  (except  France)  is  thus  facrificed  to  the  pride 
and  intei"cft  of  Great  Britain.  And  with  what  motive,  , 
or  upon  what  confideratlon,  is  the  facrlfice  made  ?  It 
has  been  ftated  in  a  former,  and  will  be  more  fully 
fhewn  in  a  future,  feature  of  Mr.  Jay's  treaty,  that 
the  United  States  do  not  enjoy  any  equivalent  for 
this,  nor  for  any  other,  conceffion  which  is  made  to 
Great  Britain  :  But  the  mifchief  does  not  end  with 
the  folly  of  a  iop-(ided  bargain.  By  granting  thefe  ' 
cxclufive  privileges  to  Great  Britain,  by  declaring 
that  no  commercial  favor  ftiall  be  conferred,  on  oth«r 


i; 


*'  i 


'  V 


'..j  i 


■^i     ii 


•ft- . 


-'  T  (i  ■-.  •  '  f  ■■'■ 


nations,  without  her  participating  in  them,  we  have 
thrown  away  the  fureft  means  of  purchafmg,  on  any 
emergency,  the  good  will  and  good  offices  of  any 
other  power:  We  cannot  even  improve  the  terms 
of  our  old  treaty  with  France.  For  all  the  advan- 
taees  of  trade  that  Spain,  Portugal,  Holland,  &c. 
might,  and  probably  would,  upon  a  liberal  footing  of 
reciprocity,  have  given  us,— -what  have  we  now  left, 
to  oiFer  as  the  baiis  of  negociation  and  compadl  ? 

4.  The  alteration  which  the  treaty  makes  in  the 
relative  fituation  of  feveral  nations  with  America,  and 
the  condu6l,  that  is  likely  to  be  purfued  by  thofe 
nations,  in  order  to  countera^  its  effed,  merit  ferious 
refledlion.  Will  Spain  fee,  without  fome  folicitude, 
the  partition  which  we  have  made  with  Great  Britain, 
of  our  territory  on  the  eaflern  bank  of  the  Miffiilipi  ? 
How  would  our  projedled  treaty  work,  if  France 
fhould  recover  Pondicherry,  &c.  in  the  Eaft  Indies.; 
(hould  fubdue  and  retain  the  Weft  India  iflands ; 
Ihould  ftipiilate  with  Spain  for  the  ceflion  of  X«ouifiana ; 
and  fliould  conquer  Nova  Scotia  ?  The  curious  cordon 
with  which  we  have  allowed  Great  Britain  to  circum- 
vent us  (and  of  which  more  will  be  faid  hereafter) 
being  thus  broken,  how  are  we  to  calculate  .the  con- 
fequences  ? 

5.  Confidering  the  Indians  as  a  foreign  nation,  is  not 
the  treaty  calculated  to  exalt  the  charaAer  of  Great  Bri- 
tai  n ,  and  to  depreciate  the  charafter  of  America,  through- 
out the  favage  world  ?  What  right  has  Great  Britain  to 
negociate  for  Indians,  within  the  limits  of  our  jurifdiAi- 
on  ?  Suppofe  the  exifting  weftern  pofts  furrendered,  may 
not  Great  Britain  eftablifh  other  poftain  a  contiguous  or 
more  advantageous  ftation  f  Is  (he  not  left  at  liberty  to 
purfue  the  fur  trade  in  our  territory  as  well  as  her  own  ? 
Will  not  her  enterprize  in  traffic,  fuperior  capital  and 
experience,  enable  her  to  monopolize  that  trade? 
And  wnl  (he  not  in  future  have  the  fame  motives,  and 
the  fame  means,  to  foment  Indian  hoftilities,  that 
"have  hitherto  been  indulged  and  employed,  at  the 
expenfe  of  fo  much  American  blood  and  treafure  ? 


I  ^o9   ] 


it 


VII.  The  Treaty  tvlth  Great  Britain  is  impolitic  and 
pernicious f  in  refpedt  to  the  domejlic  intcr»fts  and  happi^ 
nefs  of  the  United 'States',  .  .     ,  >    ,     -. 

i.   If  it  IS  true,  and  incontrovertlbly  it  is  true,  that 
the  interejl  and  happinefs  of  America,  confill   (as  our 
patriotic  prefident,  in  his  letter  to  Lord  Bttchatu  de- 
clares) "  in  being  little  heard  of  in  the  great  world 
of  politics ;  in  having  nothing  to  do  in  the  politi- 
cal intrigues,  or  the  fquabbles  of  Eiropean  nati- 
ons;  but,  on  the  contrary,  in  exchanging  commo- 
dities, and  living  in  peace  and  amity  with  all  the 
•*  inhabitants  of  the  earth ;  and  in  doing  jiillice  to, 
**  and  in  receiving  it  from,  every  power  we  arc  con- 
^*  nefted  with ;"  it  is  likewife  manifeft,  that  all  the 
wifdom  and  energy  of  thofe  who  admlnifter  our  go- 
vernment, fhould  be  conftantly  and  feduloufly  employ- 
ed to  preferve,  or  to  attain,  for  the  United  State's, 
that  enviable  rank  among  nations.     To  refrain  from 
forming  hafty   and  unequal  alliances ;  to  let  commerce 
flow  in  its  own  natural  channels,;  to  afford  every  man, 
whether  alien  or  citizen,  a  remedy  for  every  wrong ; 
and  to  reHit,    on  the  firll  appearance,  every  violation 
of  our    national  rights   and  independence,     are    the 
means  bed  adapted  to  the  end  which  we  contemplate. 
It  may  be  objefted,  that  we  are  already   involved  in 
fome  alliances,  that  have  had  a  tendency  rather  to  de- 
ftroy  our  public  tranquility,  than  to  promote  our  pub- 
lic intereft.      But   a  difference  of  circumftances  will 
require  and  juftify  a  difference  of  condudl.  .  For  in- 
ftance — it  was  neceffaiy  and  politic,  in  the  ftate  of 
our  affairs  at  the  commencement  of  the  revolution,  to 
pay   a   prciniura  for  the  friendfliip   and  alliance  of 
France :  we  could  not  have  infured  fucccfs  without 
-the  co-operation  of  that  nation  :  and  as  the  price  that 
we  paid  for  it  was  not  greater  than  the  benefit  that  wc 
derived  from  it,  we  cannot  now,  with  jnftice,  cavil  at 
our  bargain.     But  was  the  Inducement  to  form  an  a!? 


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•.liancc  with  Great  Britain  of  a  nature  equally  moment- 
;.ous  P  Is  the  advantage  flowing  from  the  fdcrifices  that 
.are  made,  equally  compenfatory  ?  Why  fliould  we, 
lit  this  aufpicious  fcafon  of  our  affairs,  venture  to  un- 
^4erminc  the  fundamcnta'  maxim  of  our  domeilic  hap- 
pinefs,  by  nvilfully  obtruding  on  the  great  world  of  polU 
tics  ;  or  wantonly  involving  our/fives  in  the  political  in^ 
trigues  and  the  fquabbles  of  European  nations  f  Suppofe 
(as  it  is  often  alleged  and  fomctimes  proved)  that 
our  treaty  with  France  is  produdlive  of  inconveni- 
encies ;  will  it  happen  in  the  politica),  any  more  than 
in  the  phyfical  or  moral  world,  that  by  multiplying 
the  fources  of  evil,  we  (hall  get  rid  of  the  evil  itfelf  ? 
If,  according  to  the  quondam  opinion  of  the  friends  of 
a  Britifli  alliance,  our  commerce  has  been  reftrained 
in  its  operations  ?  or  if  our  government  has  been  me- 
naced in  its  peace  and  lability,  by  a  pra£iical  de« 
velopcment  of  the  terms  of  our  treaty  with  France, 
fliall  we  better  our  fituation,  becaufe  we  make  another 
treaty  upcn  the  fame  terms  with  Great  Britain.;  and 
furnifh  two  nations,  inllead  of  o«tf,  with  an  opportu- 
nity to  perplex  and  diftrels  us  in  purfuing  our  natural 
^<md  laudable  policy— /^^  polity  of  exchanging  commodi- 
ties, and  living  in  peace  and  amity  with  all  the  inhabitants 
of  the  earth  ;  doing  juftice  to,  and  receiving  it  from,  (ve* 
ry  power  we  are  conneded.  with  I 

2.  But  even  if  the  queition  was  at  large,  and  we 
were  now  und^r  a  neceffiy  of  deciding,  for  the  firil 
time,  whether,  we  would  be  allied  to  the  monare^y  of 
Oreat  Britain,  or  to  the  republic  of  France,  how 
would  a  rational  eftimate  of  the  interefis  and  happmefi 
of  the  United  States  (the  true  and  only  toucnftone 
for  folviog,  m  the  mind  of  an  American,  fuch  an  enqui- 
ry) lead  us  to  decide  ?  To  thofe  members  aftheftnate^ 
-who  could  regard  the  twelfth  article  of  the  treaty  as  a 
>jnark  of  parental  care  and  mnfd^m,  by  which  Great  Bri' 
tain  was  fondly  defiroue  of  reftraining  the  exc^s  of  oyr 
-cmnmercial  ardor  ;  excejfes  that  might  eventually  and  pre^ 
maturely  deblliiate  and.dejkoy  us  /    To  tjjofe  members  of 


iht 


'-frtr-^^ 


ihe  fenale*'w\\o  could,  with  filial  gratitude,  dccl:u-c,  thtM 
an  alliance  with  Great  Britain  was  natural ;  that  an  al- 
liance with  France  was  artificial  ;  ftnce,  although  nv€* 
were  partially  indebted  to  France  for'  our  independence^ 
nve  were  entirely  indibted  to  Great  Britain  for  our  being  I 
To  all  who  can  cherith  fuch  ideas,  or  utter  fuch  laii* 
guage»  thefe  llrictttrcs  will  be  ungracious  and  unpro" 
fitable  V  but  they  ckim  a  candid  attention  from  tU 
patriot^  who  remembers,  that  when  the  parent  fought 
to  dcftroy,  the  frand  interpofed  to  fave  ;  and  from 
xht  fiatefman^  who  pofFefles  too  much  wlfdom  to  be 
influenced  by  prejudice,  and  too  much  fortitude  to  bt 
controuled  by  fear.  f       ; 

Are  the  IntereJIs  and happhicfs  of  the  United  Statcfs* 
involved  in  the  peimanent  eftabliihment  of  a  republi- 
can government  ?   Yes  :-— -Then  fhe  ought  rather  to 
cultivate  the  friendship  of  a  republic,  a6tuated  by  a 
felbw  feding ;  than  the  alliance  of  a  monarchy  im- 
prefled  with  jealoufy  and  apprehenfion.    Are  the  inter* 
efi  and  happinefs  of  the  United  States  connefted  with 
net  territorial  and  political  independence  \   Yes :— • 
Tlien  fhe  ought  rather  to  fortify  herfelf  by  an  alliance 
with  a  nation,  whofc  territorial  jurlfdiAion,  and  phy-  - 
fical  chara£t6riflic3,  preclude  the  polEbility  of  coUifi* 
on  $  than  attach  herfflf  to  a  nation  whofe  Linguage, 
manners  and  habits,  facilitate  the  execution  of  every 
attempt  to  encroach  $  and  whofe  territorial  pofTefTions 
are  in  an  irritating  and  dangerous  contadl  with  ouri- 
own. .    Are  the  inter  efi  and  happinefs  of  America  to  be  • 
promoted  hj-  an  aAive  employment  of  the  vaft  ftorc 
of  materials  of  the  Jirfl  ntcejfuy,  which  nature  has  be- 
llowed on  her ;   by  the  extenfion  of  her  commerce  ; 
and  by  the  freedom  of  her  navigation  ?  Yes  : — Then  ■ 
fhe  ought  rather  to  court  the  countenance  and  protcc-'^  ' 
tion  of  a  nation,  whofe  occafions  of  envy  are  compa--. 
ratively  few  ; — whofe  temptations  are  to  fofler,  not* 
to  countei*aft,    our  fchemes  of  commercial  opulence 
and  enterprize  : — and  whofe  Imperial  glory  and  exift-. 
epce  do  not  depend  upon  a  claim  v  of  univerfal  mari-- 


li'"' 


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«m,iU!iL»^^^SK*^.--, . 


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C    I'*    3 


'i- 


time  fupcrloiity  ; — ratTicr  than  confent  to  ba/k  ht* 
ncatli  the  baneful  iliadc  of  an  alliance  with  a  nation, 
wliofe  vei*y  txiiUiice  is,  probably,  the  tremendous 
ilake  in  oppofition  to  our  profperity  :  and  whofc  em- 
braces, like  the  embraces  of  the  tyrant's  image,  may 
be  rendered  the  moil  efTe^lual  iniiruments  of  torture 
and  dcitruttion.  Are  the  wtereji  and  happineft  of  the 
Uiiitcd  States  dependant  on  the  cordiality  of  their  u« 
nio;i,  and  the  permanency  of  their  government  ?  And 
a^ain — Do  that  cordiality  and  that  pennanenc)^,  de«* 
pend  upon  the  confidence  and  mutual  good  under- 
ilanding,  which  fubfill  between  the  people  who  form- 
ed the  government,  and  the  officers  whom  the  people 
iiave  aj.pointed  to  adininider  it?  Yes  : — Then  it  would 
be  the  part  of  duty,  as  well  as  policy,  in  thofe  officers 
to  follow  the  unanimom  fentlment  of  the  people^  by  pre- 
ferring a  liberal  and  faithful  alliance  with  France,  to 
a  conitrained  and  hypocritical  alliance  with  Great 
Britain. 

3.  The  firll  ftrlking  effe£l  of  the  treaty,  to  endanger 
the  hterejis^  and  diflurh  the  happtnefs  of  the  United 
States,  may  be  dete<^led  by  a  geographical  fketch  of 
the  cordon,  or  line  of  circumvatJatisn,  with  which  it 
enables  Gnat  Britain  to  fetter  and  enclofe  us.  The 
proximity  of  Canada  and  the  weftern  polls,  has  here- 
tofore been  a  caufe  of  great  uneafmefs  ;  but  that  is  a 
trining  fouree  of  vexation,  compared  with  what  we 
fhall  have  in  future  to  encounter.  Suppofe  ten  thou- 
fand  radii  were  drawn  diverging  fixjm  the  centre  of 
tlie  United  States  ;  not  one  of  them  could  efcape  the 
conventional  circle  of  Britifli  territory,  jurifdi£lion 
and  occupancy.  Has  an  American  occaiion  to  travel 
to  the  call  or  the  north  ?  The  barriers  of  Nova  Scotia 
and  Canada  prefent  themfelves.  Is  it  his  wifli  to  pe- 
iietrate  the  great  weftern  wildernefs  ?  ji  netu  fet  of 
Bri/j/h  pojls  will  intercept  his  progrefs,  even  if  he  (hall 
be  allowed  peaceably  to  pafs  the  Briti/h  colony  within; 
the  precincts  and  jurifdidlion  of  Detroit..  Does  buii- 
nefs  require  liim  to  crofs,  or  float  dowui,  the  Miffiffippi? 


C     "3     ] 


He  ma)  evade  the  vigilance  of  the  Spaniard,  but  !io 
will  find  the  ('aftern  bank  of  the  river  monopolized  by 
Britifh  traders,  and  probably  proteftcd  by  Brltifli  gim 
boats.  He  is  I'^  hopes,  however,  to  avoid  all  difficulty 
by  a  piuTage  on  the  ocean  ?  Alas  !  our  Atlantic  har- 
bours are  crowded  with  prlze§  to  Britifh  privateers, 
and  our  fea  coaft  is  lined  with  Britifh  crulfers !  Yet, 
let  us  for  a  moment  imagine,  that  this  ill  fated  traveller 
has  furmounted  his  domejlic  obftacles,  whither  can  he 
fly,  to  be  emancipated  from  \}\t  foreign  jurifdi£lion  of 
Great  Britain  ?  In  the  Weft  Indies,  his  cock  boat  is 
meafured  and  fteered,  according  to  the  fcale  and 
courfe  prcfcribed  by  the  treaty.  In  the  Eaft  Indies  • 
he  can  Iwrdly"  exchange  a  commodity,  or  make  a 
ftngle  acquaintance,  without  the  Britifh  licenfe. 
In  Europe,  if,  during  a  Brltlfli  war,  he  cannes  goods 
belonging  to  an  enemy  of  Great  Britain,  they  will 
be  feized  as  prize ;  if  he  takes  fhip-timber,  tar, 
rozin,  &c.  they  are  liable  to  be  confifcated  as  con- 
traband; and  if  his  cargo  confifts  of  provlfions,  the 
Britifh  may  take  it,  by  treaty,  at  their  own  market 
price  I  ■  c^  '\i    ..     >r  \,     '    ■"-.■,-  ^-  , 

One  idea  more  about  the  boundary  of  the  United  - 
States.     Before  the  revolution.    Great   Britain   had"^ 
projedled  that  general  arrangement  and  divifion  of  her 
colonial  poflefTions  in  America,  which  fhe  has  fince, 
upon  a  fmaller  fcale,  carried  into  execution  with  re- 
fpeft  to  Canada.     The  territory  then  intended  to  be 
allotted  to  the  government  of  the  Canadas,  was  ex- 
tended by  a  line  running  along  the  northern  bounda- 
ries of  the  eaftern  colonies,  along  the  weftern  boun- 
dary of  Pennfylvania,  and   along  the  courfes  of  the  - 
Ohio,  into  the  Mifliffippi.     Since  we  are  left   at  a 
lofs  for  a  pofitive  definition  of  the  precinSs  and  jurif. 
di£lion  of  the  tvejlern  pqflsy  cu  ceded  by  the  treaty  to  the- 
fettlers  under  Brtti/h  titles,  may  we  not  conjefture,  that' 
Great  Britain  contemplates  the  territorial  extent  of* 
her  original  project  ?  Does  not  major  .Campbell's  uik- 

L   2 


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i 


cxpe6ltd  prctenfion,  and  the  conftant  ckim  of  the* 
Indians,    at  the  injl'igatkji  of  the  Britlfh^    to  eilablifh, 
the  Ohio  as  a  b^undar^*  between  them  and  the  United 
States,  give  fome  countenance  to  fiich  a  conje^ure  ? 

4.  But  fhould  an  American,  not  ftimulated  by  the- 
delirc  of  travelling  into  foreign  countries,  be  content 
to  profecute  the  obje<^s  of  his  honeil  induftry  within, 
the  Britifh  territorial  circle,  bounding  and  conftituting 
his  o'lvn  home^  will  his  condition  be  much  better  than 
the  condition  of  his  itinerant  fellow  citizen  ?  What 
with,  the  eftablifhment  of  Britini  colonies  and  Britiftt 
warehoufes  ; .  the  naturalization  of  Britifli  land-hold- 
ers ;  and,,  in  ihort,.  the  wtqualified  admiffion  of  En-^ 
glifhmen,  owing  allegiance  to  the  Britiih  crown,, 
throughout  our  Ukes,  rivers  and  territory,  while  we 
are  excluded  from  their  fea-ports,  company  lands,  &c. . 
&e.  an  American  will  hardly  be  able  to  find  elbow- 
room  for  himfelf  and  hio. family.  Their  pecuniary 
capital  being  larger  ;  their  means  being  eafier ;  their 
experience  being  greater  ;,  they  mull  inevitably,  under 
fuch  circumflances,  become  our  merchants,  raanufac- 
tu'-ers,  farmers,  Sec.  <k.c.  They  will  import  for  us,  i/j 
their  nxTj'th^  all  the  produ(Ss  and  fabrics  jof  Europe, 
Aim  and  Africa  :  They  will  export  for  U8,  in  their 
"v^fp/sy  every  article  that  our  foil  can  furnifh  5  our  mer- 
chants will  dwindle  into  clerks  ;  our  hufbandmen  will" 
degenerate  into  the  conditJ^i  of  the  feudal  villienage  j; 
and  thus,  in  a  fhort  cc^urfe  of  years,  j^merica  will  pro- 
lably  exhibit  the  aftoni/hing  fpe^acle  of  a  country  poffejfed, 
fuhivated,  and  efijoyed  by  aliens  t  The  ancient  inhabit- 
ants of  Great  Britain,  in  a  fimilar  manner,  invited 
thofe  Saxons  to  their  illand  as  friends  and  allies^  who 
ioun  afterwards  became  their  conquerors  and  ma/ters, 

5_.  In  fuch  a  ftate  of  thingSi  the  interejltmd haf^nefi 
of  the  United  States  mull  languifli  and  expire! -At 
tirft  the  American  mind  will  be  corroded,  by  contrail* 
ing  the  elevation  of  the  gnejl  with  the  deprcffion  of 
the  hojl.  A  ft  niggle  will  probably  enfue ;  but  the 
influence  of  wealth,  aud  the  patronage  of  extenlive 


•  » 


C     "5     ] 

cominerciar  and  manufaAural  inftitutions,  &c.  nvllt' 
even  divide  the  Americans  themfclves  ;  and  by  dividing ^ , 
cjipa^itatethe  BrltiHi  fettlersto  rule  them.     Is  this  an  ' 

idle  phantom-i— a  vifiwnary  ftiggeftton  ?  No!-  For,  13. 
not  a  great  part  of  our  trade,  at  this  moment,  mono- 
polized by  Britilh  fubjefts,  under  the  mq/l.oi  Ameri- 
can citfzenfhip  ?    Has  not  the    influence   of    Britifh  f^ 
credits,  and  Bfcitifh  politics,  already  formed  a  conflr  J 
derable  party  in  our  government,  and  among  our  mer-              | 
chants?  I>i{gul{e  it  as  you  will — let  pride  deny,  and>;             | 
ftiame  fupprefs  the  lentiment— ilill, .  it  is  too  evident  f 
to  every  candid  and  difcerning  oblerver^  that  the  only            '^S. 
liiblifting  differenee  in  the  opinions  and  conduct  of            j| 
the  citizens  of  America,  arlL^s  from  this  fatal  caufe. . 
Why,  at  the  moment  of  reproh^iting  felf-created  focic* 
ties  for  civil  purpofes,  do  we  gladly  fee  the  formation  . 
oi  felf'ireated  focicties  for  military  purpofes  ; — the  city 
cohorts  and  Praetorian  bands  ?  Why  are  our  merchants, , 
who  fo  anxioufly  called  forth  the  voice  of  their  fellow  • 
citizens  in  applauding  the  proclamation  of  neutrality^ . 
fo  circumfpedt  -and  fo  torpid  In.  giving  their  teftimony . 
about  the   treaty?-  How  comes  it,  that  amidft  the 
acclamations  of   the  fourth   of   July,    the  treaty  io^ 
t9ajhd  in;  the  little  circle  of  Englilh  manufai^turers,., 
on  the  bank*  of  the  PafTayik  ;  and  at  the  convivial  ta-  • 
bles  of  .the  Ehglifh  emigrants  on  the  plains  of  the  Ge- 
nefeci    How   comes  it  thafc  every  man  who  prefers 
France  to  Great  Britain — republlcanifm  to  monarchy, 
—is  denominated  Antifederattfly  yacobin,  Diforgani%er^.^ 
Mifereantf  Sec.  while  men  of  another  humour  arrogantly  ■ 
and  excludvely  affume  the  titles  of  Federali/isy  Friends  to 
order i  &c,  &c.  ?    Butlet every  honeft  American  reflect, 
ferioufly  and  feafonably,  upon  th€  means  of  promoting  ~ 
the  intere/l  and  happinefs  of  the  United  States,  and  he 
will.difdain,   a»  well  as  .dread, .  to  augment,  by  the 
adventitiouaforceof  treaties,  that  paramount  intereft,B' 
which  Gt^at  Brltam  haa%already  infidiowfly  acquired 
in  our  commerce,  navigation^  manufadures,  territory^ 
aad-governmtnt^           .     .        V:**.,,-  -...f     ^  =  :*:--^''^*^^ 


F-*;r 


;'i 


m 


I  '\'  ■! 

l^n 

9 

*;!•   -■'-  i  •', 

■H 

\l^  *'! 

W' 

■  1' ''  ^ 

MB, 

1 

1 

.  P  1  fi'Tff^': 


Z    m6    ]' 

S,  Befides  the  injury  eventually  to  be  apprehended' 
from  thefe  caufes,  the  treaty  is  calculated  to  impair 
the  interefl  and  happinefs  of  the  United  States,  by  pro- 
ducing an  immediate  and  violent  concuillon  in  the 
federal  atmofphere.     For,  "^ 

It  ranfacks  the  archives  of  our  revolutionary  tranf- 
adtions ;  and  rejudg.es  the  folemn  judgments  of  our 
cpurts  of  juftice.  " '     ' 

It  condemns  individuals  to  the  payment  of  debts, 
from  v^^hich  they  had  previoufly  been  difcharged  by 
law.  ■  ■    •       •  *  -  •^-^■'■•*  '     ^'  '^■''  ■■  ■ 

It  makes  the  government  of  the  union  i^efponfible 
for  the  contradts  of  private  citizens,  and  the  defalca- 
tions of  banknipts.  v: ''^-V^^/'-r^V'^-^f :>";■; ^'h.^- 

•  It  difregards  the  freedom  of  our  commerce  and 
navigation  ^  and  it  reftrainsthe  ufe  of  our  ftaple  com- 
modities.    ■    r.  .^. -.•'■•  U^^.-^. ■•■ -'^'^   :^^\-^\:^;'^':.v-:r 

It  does  7iot  exa£l  a  juft  indemnification  for  the  de- 
tention of  the  weftern  pofts.  -         ^  *  ■   ^  T    U:  *" 

It  does  not  require  the  payment,  ftipulated  by  the 
preceding  treaty,  for  the  value  of  the  negroes  carried; 
off  at  the  dole  of  the  war.      -  vo;.^  c 

It  does  not  provide  for  the  freedom  and  fafety  of 
our  feamen,  in  their  intercourfe  with  the  Britifh  do- 
minions. ..:,-/ .^/vtU  \_m. 
'  Let  any  one  of  thefe  propofitions  be  feparately 
analyfed,  and  fufficient  caufe  will  be  found  to  excite 
and  juftify  popular  diffatisfaftion  ;  but  view  them 
combined,  and  the  mind  is  ftiocked  with  anapprehen- 
flon,  that  the  rattficaiion  of  the  treaty,  may  he  the  deaths 
^warrant  of  the  union  ! 

VIII.   The  Brklfh  treaty  and  the  conjlttutton  of  the  United 
,.,,  States  are  at.  war  with  each  other* 

<  .       ■ 

I.  Self-prefervation  is  the  firft  law  of  fociety,  as 

well  as  of  individuals :  It  is  the  radical  principle  of 
all  political  compadls.  Nations  {hys  FattelJ  are 
bound  to  guard  their  own  prefervation^  and  to  purfm 


I    "7     ] 


i^eir  own  perfeSilon,  We  have  I'nceflant  opportunities^- 
indeed,  of  obferving  the  operation  of  this  univerfal 
rule ;  in  animals  of  in/iin9f  as  well  as  in  animals  of 
reafon  ;  in  the  world  of  things,  a&  well  as  in  the  world 
of  beings, 

2.  Self-prefervation,  however,  is  a  relative  idea: 
it  relates  to  the  nature  of  the  anir-il ;  to  the  confti- 
tution  of  the  fociety.  A  man  may  iofe  his  human 
charaSer,  without  deftroying  his  vital  extftence  ;  and  a: 
government  may  be  changed  i«  its  effence,  without 
hdng  (uhvencd  in  its  forms,.  ^v-^'^.     ' 

3.  So,  likewife^  without  open  affault  or  pofitive 
violence,  the  fources  of  animal  life  may  be  poifoned, 
by  the  imperceptible  contaminations  of  a  luxurious 
habit ;  fo,  without  the  aid  of  terror  or  force,  the 
legitimate  foundations  of  government  may  be  under^ 
mined,  by  the  infidious  encroachment  of  the  rulers, 
and  by  the  fedative  acquiefcence  of  the  people.  Go- 
vernments,, indeed,  have  too  generally  proved  to  be  » 
kind  of  political  chryfalis^  pafling,  by  progrefitve  tranf- 
mutations,  from  the  grub  of  pure  democracy,  to  the 
butterfly  of  abfolute  monarchy. 

4.  But  it  will  not  yet  ht  denied  in  America,  that 
as  the  peoQl^  have  the  fole  right  to  conftitute  their 
government,  the  rule  oi  felf-prejervation  requires,  that 
the  government  fhould  be  maintained,  in  pra^lice  as 
well  as  iii  theory,  fuch  as  they  haiye  conflituted  it.  To 
render  it^.  by  any  conftrudiion  of  the  written  articles- 
of  our  focial  compadl,  other  than  a  republican  govern^ 
ment,  would  be  as  fatal  a  fiibverfion,  as  daring  ufurpa- 
tion,  or  mih'tary  conqueft,  could  atchievc.  For,, 
what  real  difference  does  it  make  to  a  nation,  whether 
its  conftitution  is  feized  upon  by  an  enterprlzing  indi- 
vidual, as  in  the  Swedifh  revolution  of  1770;  or 
overthrown  by  a  triumphant  warrior,  as  in  tfie  recent 
extinction  of  the  Polifti  monarchy  ;  or  voted  out  of 
doors,  as  in  the  diforganizing  edi6ls  of  the  long  par- 
liament of  England  ?  Thus,  likewife,  for  one  depart- 
ment of  the  government  to  aflume  the  authority  o£.. 


- 1 


-^;Vli 


,:V 


nfe- 


■it 


,*•■ 


■■,M:'     tr      4 


«f . 


!•■*■■ 


ii:^, 


**^i , 


another ;  or,  by  conftruftive  ampliircations  of  its  owiT 
jurifdi<3:ion,  fo  to  monopolize  the  attributes  of  go- 
vernment, as  to  render  the  other  departments  ufelefs 
and  inefficient,  muil  ever  be  deemed  an  efFc6laal  fub- 
verfion  of  anyt  conftitution..-  The  nvode  of  diftribut- 
ing  and  organizing  the  jxowers  of  government,  as 
well  as  the'confideration  of  the  nature  and  extent  of 
the  powers  to  be  delegated,  efTentiaUy  b«long3  to  the 
people ;  and  in  the  body  politic,  as  well  as  in  the  body 
natural,  whenever  any  particular  member  abforbs  more 
than  its  allotted  portion  of  the  aliment,  that  is  de« 
ftined  to  vivify  and  invigorate  the  whole,  debility  and 
difeafe  will  infallibly  cnfue.  After  the  emperors -had 
ufurped  the  fundions,  privileges  and  powers  of  the 
fenate,  and  of  the  popular  magiftrates  of  Rome,  they 
preferved  the  formalities,  of  the  common  wealthy  but 
they  trampled  on  the  liberties  of  the  people.  Though 
the  parliaments  of  France  had  long  been  deprived  of 
every  deliberative  faculty,  as  the  reprefentatives  of 
the  people,  they  were  fummoned  to  the  laft,  as  the 
minifterial  officers  of  the  monarch,  for  the  pui-pofe  of 
regiftering  his  edids. . 

5.  The  [(government  of  the  United  States,  being  then 
theoretically  a  republican  government^  an4with  great 
propriety  denominated  a  government  of  departmtntsy 
let  us  proceed  to  examine- how  far  the  principles  of  felf' 
prefervation^  and  the  duty  of  pnrfumg  the  ptrfeBion  of 
our  political  fyftem,  are  involved  in  the  ratification  of 
the  projeded  treaty  with  Great  Britain. 

The  fecoiid  fedlion  of  the  fecoiid  article  of  the 
conftitution  fays,  that  "  The  prelident  (hall  have 
power,  by  and  with  the  advice  and  confent  of  the 
fenate,  to  make  treaties,  provided  two  thirds  of  the 
fenators  prefent  concur." 

To  the  exercife  of  this  power  no  immediate  qua- 
lification, or  reftriftion,  is  attached  :  but  muft  we 
therefore  fuppofe  that  the  jurifdi6lion  of  the  prefident 
and  fenate,  like  the  jiinfdidion  afcribed  to  the  Bri- 
tifh  parliament,  is  omnipotent  ?     To  place  the  autho*- 


[     U9    ] 


"iity  of  our  prefident  and  fenate  on  the  fame  footing 
with  the  prerogative  of  the  king  of  Great  Britain, 
will  not  be  commenfurate  with  the  objeds  to  which 
the  treaty  extends,  k  muft  be  Temembercd,  that  the 
treaty  of  peace,  by  which  the  rights  of  fovereignty 
and  foil  were  ceded  by  the  king  of  Great  Britain  to 
the  United  States,  was  negociated  and  ratified  under 
the  pofitive  fan^ion  of  an  aft  of  parliament :  And  it 
is  exprefsly  itated  in  Vattel^  that  the  king  of  Great 
Britain  cannot,  by  treaty,  confer  the  rights  of  citizen- 
/hip  on  an  alien.  B.  i.  c.  19.  f.  214.  Now,  Mr.  Jay's 
treaty  does  both  thefe  things  (as  will  be  hereafter  de- 
monilrated)  without  the  intervention  of  the  legiflative 
authority  of  the  union. 

6.  The  confequence  of  admitting  this  unqualified 
claim  to  omnipotence,  in  tranfafting  the  bufinefs  of 
the  nation,  wocdd  be  fo  hbftile  to  xhe  principle  and 
prefcrvation  of  our  government,  that  it  is  an  indifpen- 
fablc  duty  (obfta  princlpiis)  to  contravert  and  refift 
it.  Whenever  the  prefident  and  two- thirds  of  the  fe- 
nate fhall  be  defirous  to  countera6i  the  conduft  of  the 

,  houfe  of  reprefentativea ;  whenever  they  may  wifli  to 
enforce  a  particular  point  of  legiflation  ;  or  whenever 
they  fhall  be  difpofed  to  circumfcribe  the  power  of  a 
fucceeding  congrefs  ;  a  treaty  with  a  foreign  nation, 
nay,  a  talk.with  a  iavage  tribe,  aifords  the  ready  and 
cfFeAual  inftrument  for  accompilifhing  their  views^ 
fincethe  treaty  or  the  talk  will  conftitute  the  fupreme 
law  of  the  land.    That  /I/f  A  things  may  happen,  let  the 

.hiftory  of  Mr.  Jay's  wiffion  and  negoclation  teilify. 

7.  If  the  extraordinary  treaty*mahing  power  is  pa- 
ramount to  the  ordinary  legiflative  po*wer — fuperfedes 
its  exercife-— and  embraces  all  its  objefts  ;  let  us  en- 
deavour to  trace  whither  the  propofition  will  carry  us. 
-    The  fifth  article  of  the  coriftitution  vefts  a  power 

in  two-thirds  ofboth  houfes  of  congrefs,  to  propofe  ^. 
Mmendments  to  the  conjlitution,       •^'  '  ''    .■^'    #<y%4 

Let  us  fuppofe  that  a  defeft  in  our  judiciary,  or  in 
^ny  other  department,  operated  injurioufly  to  a  fo-  * 


;  t<'. 


^%' 


S-W 


V  "1 '  T  TT^'v  ■  ■  ■  ■ 


lti\ 


ir 


•.  T      120     1  • 

Tcign  nation, — could  the  fenate,  and  prefident,  unit- 
ing with  that  foreign  nation,  and  excluding  the  houfc 
of  reprefentatives /r<?/>o/^  an  amendment  upon  thefuhjeSl? 
If  they  could  by  thefe  means  originate,  might  they 
not  by  other  means  effeSuate,  alterations  in  the  funda- 
mental points  of  our  government ;  and  make,  in  faft, 
a  new  conftitution  for  us  ? 

By  the  eighth  fcdion  of  the  firft  article,  fo/i^r^  is 
empowered  to  borrow  money  on  the  credit  of  the  Unit- 
ed States.  ■•■  ::*  .;-:■■?-  ^mm- 

Suppofe  it  was  deemed  expedient  to  fubfidize  Por- 
tugal,  inftead  of  building  frigates,  to  keep  the  Alger- 
ines  within  the  ftreights  of  the  Mediterranean  : — 
Could  two-thirds  of  the  fenate  and  the  prefident,  ei- 
ther borrow,  or  guarantee  a  loan  for  that  porpofe  by 
ireaty  F  m'^-'--^  ->  •   .'^--j^^ 

The  fan-se  fe6lion  empowers  congrefs  to  eftablifii  uni- 
form laws  on  the  fuljeB  of  bankruptcies, 

Suppofe  Great  Britain  had  remarked,  that,  as  her 
fiibjefts  were  conftantly  the  creditors  of  the  citizens 
of  the  United  States,  Ihe  was  deeply  interefted  in  our 
fyftem  of  bankrupt  laws : — Had  the  prefident  and 
two-thirds  of  the  fenate,  a  right  to  incorporate  fuch 
a  fyftem  with  the  proje6led  treaty  ?  i«^ 

The  fame  feftion  empowers  congrefs  to  coin  moneys 
to  regulate  the  value  thereof,  and  oi foreign  coin,  and 
iix  \.\it  fiandards  of  weights  and  meafures, 
.,  .>Suppofe  the  Birmingham  manufadlurers  offered,  on 
a  cheap  plan,  to  fupply  us  with  coin  ?  Suppofe  Great 
Britain  were  pleafed  to  inlift  upon  our  receiving  her 
guineas  at  their  Englifh  value,  and  upon  our  promif- 
ing  not  to  fweat,  deface,  or  clip  them,  according  to 
the  current  praftice  of  the  unioi  •*  Suppofe  France 
were  defirous  that  we  ihould  adopt  the  fanciful  projed 
of  that  republic,  refpeding  weights  and  meafures? — 
Could  all,  or  any,  of  thefe  propofitions  be  acceded  to 
and  eftablifhed  by  treaty  ? 

The  ninth  fe&on  of  the  fame  article  declares  *^  that 
the  migration  or  importation  of  .fuch  perfons  as  the 


C    wi    3 


H,  on 

reat 

her 

lomlf- 

jgto 

ranee 

ojea 
? 

t 

?dto 

that 
the 


AbZcs  now  exifting  ihall  think  proper  to  admit,  ihall 
not  be  prohibited  by  the  congrefs  prior  to  the  year 
eighteen  hundred  and  eight.*' 

Suppofe  Mr.  Wilberforce  had  negociated  on  the  part 
of  Great  Britain,  inftead  of  Lord  Grenville,  and  had 
made  the  prohibition  of  the  importation  of  flaves  in- 
to the  United  States,  in  the  year  eighteen  hundred 
and  eight,  ajine  quanon: — Could  tbe  prcfident  and 
two-thirds  of  the  ftnate  admit  an<l  legitimize  the  fli- 
pulation  by  treaty  ? 

By  the  conflitution  congrefs  has  the  power  to  con- 
Hitute  tribunals  inferior  to  the  fupreme  court. 

Suppofe   Great   Britain  defired,  for  the  future,  as 

well  as  for  thepaft,  to  cdabliih  a  tribunal  of  her  own 

judges  in  America,  for  deciding  controverfies  between 

Britifli  fubjefts  and  American  citizens : — Could  this 

be  accompUfhcd  through  the  medium  of  a  treaty  ? 

By  the  conftitution  congrefs  is  endowed  with  tbe 
power  of  declaring  war- 

Suppofe  Lord  Grenville  bad  infifted,  and  Mr.  3 ay 
had  approved,  that  the  treaty  fhould  be  an  offenfive 
and  defenfive  alliance,;  and  that  we  fhould  forthwith 
join  Great  Britain  in  her  hoftilities  againft  France: — ^ 
Could  the  prefident  and  fenate  thus  negoc'mte  us -into  «i 
war? 

By  the  conftitution  it  i«  declareS,  "  that  no.pcrfon 
holding  any  office,  &c.  under  the  United  States,  (liafl, 
without  the  confent  of  congrefs,  accept  of  any  prefent, 
emolument,  office  or  title  of  any  kind  whatfoever, 
from  any  king,  prince,  or  foreign  ftate." 

Suppofe  our  envoy  had  been  offered  a  prefent  or  a 
title  by  the  Britifti  monarch — would  the  confent  of 
>J:he  treaty  be  tantamount  to  the  confent  of  congrefs, 
for  the  purpofe  of  approving  and  juilifying  his  accep- 
tance ? 

By  the  conftitution  it  is  provided  that  all  bills  for 
raifing  revenues,  (hall  originate  in  the  houfe  of  repre- 
fentatives  \   and  that  no  money  fhall  be  drawn  from 

M 


if  f^'l: 


w. 


C       "2      ] 


jtlie  treafury,   but  in  confequcnce  of  appropriations 
finade  by  law. 

Suppofe  Great  Britain  had  ftipulated,  that  as  foon 
as  the  commiffioners  have  fixed  the  fum  due  to  her  fub- 
je6t8  for  old  debts,  the  prefident  (hould  draw  a  warrant 
•for  the  amount,  and  that  the  fame  fhould  be  paid  out 
of  all  public  monies  in  the  treafury  of  the   United 
J  States,  prior  to  the  payment  of  any  antecedent  appro- 
priation by  law  : — ^Would  this  be  the  proper  fubj eft 
^for  a  treaty,  or  for  an  impeachment  ? 

8.  But  fatigued  and  difgufted  with  difplaying,  thus 
hypothetically,  the  monftrous  confequences,  which 
will  inevitably  flow  from  the  jurtfdl&'wn^  clamed  on  be- 
half of  the  prefident  and  fenate,  to  bind  the  l/nited  States 
by  any  treaty y  and  In  all  cafes  whatfoever  ;  let  us  parti- 
cularly examine  the  numerous  and  extravagant  infradions 
of  the  conftitution,  which  the  projected  treaty  actually 
Commits^  Recent  as  is  the  eftablifhment  of  the  federal 
conftitution,  it  is,  indeed,  to  be  lamented,  that  the 
poflibillty  of  violating  it,  is  not  a  matter  of  floating 
and  fluctuating  popular  opinion  ;  but  a  matter  fufcep- 
tible  of  fixed  and  pofitive  proof.  Por,  who  does  not 
recolleft,  that  a  blil  touching  the  fundamental  princi- 
ple of  the  government  (its  reprefentative  quality)  af 
ter  having  pa/fed  both  houfes  of  congrtfs,  was  declared  by 
the  prefident  to  be  unconftltutional ;  and,  therefore,  undc' 
ferving  of  his  official  approbation  and  Jignature  P  Who 
can  forget  that  a  law  touching  the  efl*ential  properties 
of  the  judicial  department  of  our  government,  after 
being  ratified  by  every  organ  of  legl/lative  authority  (the 
prefident,  fen  ate,  and  houfe  of  reprefentatives)  was 
declared  by  chief  jiiftlce  Jay,  and  his  ajfoclate  judges,  to 
he  unconftltutional ^  and,  therefore.  Incapable  of  being  ex- 
ecuted and  enforced?  With  fuch  authoritative  prece- 
dents (and  there  are  many  others  that  might  be  ad- 
duced from  the  tranfaftions  of  individual  ftates)  of  the 
poflibility  of  deviating  from  the  rule  and  meaning  of 
our  conftitution,  are  we  to  be  damned  for  political  hfe- 
itefy,  merely  becaufc  we  doubt,  or  deny  the  InfallWillty 


?/ 

m 
la 
ch 
iht 


E    123    ]^ 

»f  Mr,   Jay^s  negoclating  talents  ?    And  mud  every'' 
man  be  accurfed  (to  ufe  for  a  mon.     t  the   Intoltrant 
language  of  the  late  fecretary  of  the  treafury,   in  his  ' 
charader  of  the  New  Torh  Camillus)  who  thinks  that ; 
the  American  envoy  and  the  Brtti/h  minifter  nvere  at  leajl 
as  likely  to  miflake^  or  mifconjlrue^  the  conftitul tonal  boun-- 
daries  of  the  ylmerlcan  government^  as  the  prefulent^  fe» 
naie,  and  houfe  of  repr  efentatives  of  the  United  States  ? 
It  is  certainly,  upon  the  whole,  more  candid,    and 
more  convincing,  to  put  **  the  defence"  of  the  treaty 
upon  the  true  trading  ground^  taken  by  the  New  York  - 
chamber  of  commerce  ; — to  wit, — "  that  we  have  made  ' 
as  good  a  market  as  fuch  pedlars  had  a  right  to  exptCi  on 
the  royal  exchange  ;  and  that  we  cannot  ciffbrd  to  Jight^  • 
though  we  muft  fubmit  to  be  plundered.** 

9.  Let  us  proceed,  however,  in  examining  the 
points  on  which  the  Briti/b  treaty  is .  at  war  with 
the  American  confiitution, '  '   '    .    " 

(l.)  By  the  coit/litution  of  the  United  S  tales ,  the  judI'  ' 
ciAL  rofvER  is  veiled  in  one  fupreme  court,  and  in  fuch 
inferior  courts  as  the  congrefs  may  from  time  to  time  ^ 
eftablini ;  and  its  jurifdi£tion  embraces,  among  other 
things,  "  controverfies  between  aflate,  or  citizens  thereof^ 
and  foreign  flatesy  citizens j  or  fubjeSs, '  *  •  * ' ' ;    . 

By  the  treaty  a  tribunal j  other  thfin  the  fupreme  courts 
or  any  inferior  court  ejlablifhed  by  congrefsy  is  crefted, 
with    a  jurifdidlion   to  afcertain   the   amount  of  any 
loffes  or  damages  fullained  "  by   divers  Briti/h  mer- 
chants and  others,  .his  majetty's  fubjedls,  on  account  of 
debts,  &c.  that  ftill  remain  owing  to  them  by  citizens  i 
or  inhabitants  of  the  United  States :"  And  it  is  agreed, 
"  that  in  all  fuch  cafes  where  full  compenfation  iovj 
fuch  loffes  and  damages  cannot,  for  whatever  reafon^ 
be  atftually  had  and  received  by  the  faid  creditors,  in 
the  ordinary  courfe  of  juftice,  the  United  States  will 
make  full  and  complete  compenfation,  for  the  fame,  . 
to  the  creditors,"  &c. 

Remarks,  i.  It  is  the  right  of  every  independent 
nation  lo^  eftablifh  and  maintain  a  judicial  authority, 


•i  m4 


;.; 


m 


-V.  •»);,. 


E    124   J 


co-extenfive  with  its  territorial  pofTeflions.  The  prin- 
ciple is  indlfputable,  and  it  is  incidentally  recognized 
by  Lord  Mansfield  and  other  great  la\vyer8,  in  the 
celebrated^  controverly  between  the  king  of  Pruffia 
and  Great  Britain,  relative  to  the  Sllefta  loan,  2.  The 
conltitutional  tribunals  of  the  United  States  were 
adequate  to  the  adminiftration  of  complete  juftice, 
in  the  very  cafes  for  which  the  treaty  provides  a  fpecial 
tribunal.  3.  If  it  is  poflible  in  any  cafe,  with  any 
nation,  andf  at  any  time,  to  ftipulate,  by  treaty^  for 
the  eredlion  of  a  tribunal,  in  order  to  afcertain  and 
liquidate  debts  due  from  citizens  to  foreigners,  may 
it  not  be  done  in  every  cafe,  with  every  nation,  and 
at  every  time  ?  4.  Is  not  the  court  cf  commiffionerSf  in 
efFedl,  an  high  court  of  errors  and  appeals  for  the  United 
States,  with  power  to  revife  and  reverfe  every  judg- 
ment, that  has  been  given  fince  the  year  1783,  either 
m  a  federal  or  a  Jlate  court,  in  every  caufe  between  a- 
BritiOi  fubjeft  and  an  American  citizen  ?  5.  Wherever 
the  recovery  of  the  princi  nl  debt  has  been  proti'a€ied 
by  the  forms  of  laiv — wherever  there  has  been  an 
abatement  of  inttrejly  by  the  compromife  of  the  parties, 
or  the  v<erdi(^  of  a  jury — -whtrtytr  the  debtor  has  become 
tnfolvent  ;  this  high  court  of  commijjioners  may  fujlain  an 
appealy  and  can  award  damages  for  the  detention  or 
lot's  of  the  debt.  It  is  true,  the  treaty  adds,  that 
•*  this  provifion  Is  to  extend  to  fuch  loffes  only  as 
have  been  occafioued  by  lawfid  impediments y'*  but  the 
extent  of  the  difcretion  of  the  commiffioners,  in  adjudg- 
ing what  conftltutes  a  lanJjful  impediment j  is  without 
limitation  or  contronl ;  and  the  nature  of  the  evidence^ 
by  which  their  minds  are  to  be  informed,  is  without 
rule  or  definition  ;  fince  (in  the  language  of  the  treaty) 
it  may  be  "  either  according  to  the  legal  forms  now 
refpeAIvely  exilting  in  the  two'  countries,  or  in  fuch 
other  manner  as  the  faid  commiffioners  Jhall  fee  eaufe  to 
require  or  alloiv.^*  Thus,  not  only  cre^ing  a  court  un- 
known to  our  conftitution,  but  admitting  a  fpecies  of 
proof  not  recognized  by  the  legal  forms  of  our  country^ 


**S»«K.*#.*.v«; 


ti 


IsgllataMi' 


■T  '■-   ■^^  1  D 


t    "5 


con. 


ron- 


6»  Let  us  appeal  to  Mr.  Jay  himfelf,  upon  ti 
ftitutlonallty  of  fuch  proceedliigs.     By  an  att 
gnfs,  the  judges  of  the  circuit  courts  were  requucd 
to  take,  and  report  to  the  fecretary  at  war,  certain 
proofs  in  the   cafe  of  invalids  and  penfioners.     The 
judges  refufcd   (as  we  have  already  noticed)  to  exe- 
cute the  a6l,  declaring  it  to  be  unconjlitut tonal j  as  well 
on  account  of  the  nature  of  the  duty  impofed  upon 
them,  as  on  account  of  the  revifionary  power,  which 
was  veiled  in  the  fecretary  at  war.     By  the  treaty ^  the 
prefident  and  fenate  will  appoint   commiflioners,  in 
conjundlion  with  the  king  of  Great  Britain,  to  hold 
a  court  of  appeals  from  every  court  in  the  union  ;  and  to 
determine  judicial  quefllons,   upon  private  controverjies ^ 
between    Britifli     fubjedts    and  American    citizens. 
Now,  let  us  aflc,  whether  it  is  more  unconftitutional 
for  the  leglflature  to  impofe  new  and  extraordinary  du- 
ties upon  a  courts' exi/llng  according  to  the  con/lltutlorif 
than  for  the  executive  to  create  a  new  and  extraordina- 
ry tribunal,  incompatible  with  the  confiltutlon  ;  inafmuch 
as  it  can  only  a6l  upon  the  alienation  of  the  jurifdic- 
tion,  prevloufly  and  exclufively  veiled  in  our  domeftic 
courts  ;-i-the  jurifdlAion  of  hearing  and  deciding  Jr/- 
diclal  quejlionSf  upon  private  controverfies^  between  Brl" 
tifh  fubje^s  and  jimerlcan  citizens  P     7.  But  this  is  not 
the  only  infradlion  of   the  conilitution,  involved  in 
the  arrangement  alluded  to — the  obligation  of  private 
contra^s  is   transferred  from  individuals  to  the  public. 
The  framers  of   the   conilitution,  in   declaring   that 
."  "till  debts  contradled  and  engagements  entered  into, 
bdfore  its' adoption,  (hall  be  as  valid  againftthe  United 
States  under  the  conftitution,  as  under  the  confede- 
ration," could  hardly  anticipate,  that  they  charged 
the  treafury  of   the  union  with  the  payment  of  all 
the   outllanding  debts  of  the  individual  citizens  of 
America!     And  when  congrefs  was  veiled  with  a 
power  "  to  lay  and  coUedl  taxes,  to  pay  the  debts  and 
provide  for  the  common  defence  and  general  welfare 


Wm 


14  :M 


•*«  '^y.  K^i  »a 


;,J    „^-    --:^..- 


.-..'H^  TTf)**,*-^??^'; 


tm 


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C       12(J      J 

,  of  the  United  States  ;**  it  certainly  was  never  con- 
templated, that  the  government  of  America  became 
the  infurer  of  every  Dritifh  merchant,  againft  litigi* 
OU6  delays,  and  fraudulent  or  accidental  bankrupt- 
cies !  It  cannot  be  fuggeiled  that  Great  Britain  adts 
in  a  fimilar  manner  upon  our  complaints  of  the  fpo- 
liations  on  our  trade.  For,  the  injury  that  we  have 
fuftained,  originated  in  an  ad  of  government ; — the  in- 
jured individuals  are,  in  thejirjl  injlanccy  bound  to  apply 
to  the  Briti/h  courts  of  jtifiica  ;^-~^nd  the  public  are  only 
refponfible  in  thelq/irefort,  for  the  individual  aggreffors. 
>^  (2.)  By  the  con/lllution  of  the  United  States ^  congrefs 
js  empowered  to  cilablifti  an  uniform  rule  of  naturali%a* 
iion ;  and  that  power  has  accordingly  been  exercifed 
in  an  adl  that  provides^  among  other  things,  that  "  no 
perfon  heretofore  profcrihed  by  any  (late,  (hall  be  ad- 
mitted a  citizen,  except  by  an  a(ft  of  the  legiflature  of 
the  ftate  in  which  fuch  perfon  was  profcribed.** 

By  the  treaty,  all  the  Briti(h  fcttlers  and  traders^ 
tvithin  the  precindls  or  jurifdidlion  of  the  weftem  pofts, 
are  allowed  an  ele£lion  either  to  remain  Bvitifh  fubjedts, 
«r  to  become  citi-^ens  of  the  United  States  :  And  it  is 
agreed,  **  that  Briii/h  fubjeds  who  now  hold  lands  in 
the  tevTitories  of  the  United  States,  may  hold,  grants 
fell  or  devife  the  fame,  to  whom  they  pleafe,  in  like 
manner  as  if  they  wrre  natives  ;  and  that  neither  they^ 
nor  their  heirs  or  ajp^ns,  (hall,  fo  far  as  may  refpeA  the 
faid  lands,  and  the  legal  remedies  incident  thereto,  ba 
regarded  as  aliens  J** 

Remarks*  Is  not  the  treaty  at  war  with  the  con/litU' 
flan  in  this  great  and  delicate  point  of  naturalization  ? 
j1  Britifh  colony  is,  ipfo  fadoj  by  the  magic  of  Mr. 
Jny*s  pen,  converted  into  an  American  fettlement  !  Eve- 
ry Briti/h  fubjed,  who  now  holds  lands  (and  when  we 
recolleift  the  recent  fpecalations  for  the  fale  of  lands, 
how  can  we  calculate  the  extent  of  the  adoption  ?)  is, 
without  ordeal  or  reftraint,  endowed  with  all  the 
rights  of  a  native  American  /  If  it  is  poffible  by  treaty 
to  gwx  the  rights  of  property  to  aliens,  may  not  the  ci" 


..;    Vi-J- 


C     «»7    ] 

Til  rights  of  the  community  be  dlfpofed  of  by  the- 
fame  potent  inltrument  ?  If  it  is  poflible  by  treaty  to 
confer  citizenfhip  on  the  Britifli  garrifon  at  Detroit, 
and  its  contiguous  fettlcrs,  why  may  we  not,  by  treaty^ 
alfo  confer  an  inilantaneous  citizenihip  on  every  fiighi 
of  emigrants^  that  (hall  hailen  to  our  fhores  from  Ger- 
many or  Ireland  ?  It  may  not  be  amifs  here  to  inti» 
mate  a  doubt  of  the  power  of  the  federal  government 
to  regulate  the  tenure  of  real  ejlates  :.  it  is  no  where  ex^ 
prefsly  given,  and  therefore,  cannot  be  conftitutional- 
ly  implied  ;  and  it  feems  to  be  among  the  neceffary 
and  natural  objects  of  flate  legillation.  But  let  us 
prefumc  (what  is  highly  probable)  that  there  are  a- 
monglt  the  fettlers  within  the  precindls  or  jurifdidtion 
of  the  w^ftem  pofta,  certain  profcribeJ  perfom  ;-^-caa 
the  treaty,  in  fpite  of  the  latu,  rellore  them  to  the 
rights  of  citizenfhip,  without  the  authoritative  affent 
of  the  ftate  that  profcribed  them  ?  Again  : — Is  every 
man  whofe  eflate  was  liable  to  coniifcation  as  a  traitotf 
or  as  an  alien,  in  confequence  of  the  revolution,  en-* 
titled  now  to  hold  lands  as  a  native  ?  The  Fairfax 
claim  in  Virginia  ;  the  claim  of  the  Penns  in  PennfyU 
vania  ;  and  the  claims  of  Galloway,  Allen,  &c.  &Ci 
may  hence  derive  a  dangerous  principle  of  refufcitatin 
on.      Look  to  it  welh 

(3.)  By  the  conjlitution,  congrefs  13  empowered  to  re* 
gulate  commerce  with  foreign  nations  j 

By  the  treaty,  the  commerce  of  the  United  States^ 
not  only  direftly  with  Great  Britain,  but  incidentally 
with  every  foreign  nation,  is  regulated. 

Remarks*  There  is  not  a  fource  of  legi/lative  jurifi 
di8ion,  upon  the  fubje^t  of  commerce,  v/hich  is  not 
abforbed  by  this  executive  eompa8.  The  power  of  re?* 
gulating  comnierce  with  foreign  nations,  is  exprefsly 
and  fpecifically  given,  to  congrefs  :■  Can  a  power  fo  giv- 
en to  one  department,  be  diverted  by  implication,  in 
order  to  amplify  and  invigorate  another  power,  given 
in  general  terms  to  another  department  ?  But  more. 
of  that  hereafter^v^j.^^  j^i  ^„^^^ 


I    ill* 


^:*-        ,  \    '  ^  '^  t 


C   i2«   T 


f  i-SJ 


;  i 


(4.)  Bv  the  conftttutlon,  congrefs  is  empowered  to  re- 
gulate commerce  with  the  Indian  tribes. 

By  the  treaty,  it  is  agreed  that  "it  (hall  at  all  times 
be  free  to  Britifh  fubje£ls,  &c.  and  alfo  to  the  Indians 
divelling  on  either  Jide  of  the  boundary  Une  of  the  United 
States,  fr'^ely  to  pafs  and  repafs  by  land  or  inland  na- 
vigation, into  the  refpeftive  territories  and  countries 
of  the  two  parties  on  the  continent  of  America,  &c. 
and  freely  to  carry  on  trade  and  commerce  with  each  other  J* 
The  treaty,  likewife,  provides,  that  "  no  duty  of  entry 
fliall  ever  be  levied  by  either  party  on  peltries  brought 
by  land,  or  inland  navigation  into  the  faid  territories 
refpe£lively ;  nor  Jhall  the  Indians  pa[fing  or  repqffing 
n.vith  their  own  proper  goods  and  effeHs,  of  whatever  na- 
ture, pay  for  the  fame  any  impofl  or  duty  whatever, ^^  -• 

Remarks,  It  is  eafy  to  perceive  that  the  ftipula- 
tions,  in  favour  of  the  Indians,  were  introduced  at  the 
inftance  of  Great  Britain  ;  and  her  motives  are  not 
even  attempted  to  be  difguifed.  Her  traders  will  boaft 
of  the  favor  and  fecurity,  which  fhe  has  compelled  Ame- 
rica to  grant  to  the  Indians  ;  and  fo  engage  their  confi- 
dence and  attachment ;  while  the  privilege  of  free  paf- 
fagc  and  the  exemption  from  duties,  will  inevitably 
throw  the  whole  fur  trade  into  the  hands  of  the  Britifh. 
The  fur  render  of  the  wefiern  pojis^  under  fuch  circumflances, 
can  produce  no  lofs  to  Great  Britain,  and  <uAll  certainly  be 
of  no  advantage  to  jimerica  :  It  will  not  add  a  (hilling 
to  the  profits  of  our  Indian  traffic;  nor  infure  us  a 
moment's  fufpenfion  of  Indian  hoftilities  \  But  to 
profecute  our  conjlitutional  enquiry — what  right  is  there 
by  treaty  to  regulate  our  commerce  with  the  Indian 
tribes  ?  Whenever  a  treaty  of  peace  and  amity  has  here- 
iofore  been  concluded  with  the  Indians,  it  has  been 
the  conflitutional  praSice  of  the  prefident,  to  call  on  congrefs 
to  regulate  the  commerce  with  them.  Such  calls  were  to- 
tally unneceffary,  if  the  fame  thing  might  as  well  and 
as  lawfully  be  done  by  treaty  ;  and  if  it  could  not  be 
done  by  treaty  in  the  cafe  of  the  Indians,  neither  could" 
it  be  done  by  treaty  in  the  cafe  of  a  foreign  nation  :  For,^ 


^■-  u 


t 


129 


i 


■■>  t-n--*' 


'fJ 


hoth  are  exprcffed  in  the  fame  terms ,  and  included  us 
the  fame  member  of  the  feftion.  "  Congrefs  (hall  have 
power  (fays  the  conftltution )  to  regulate  commerce 
with  foreign  nations^  and  among  the  feveral  ftates,  and 
with  the  Indian  tribes,"  What  right  is  there  by  treaty 
to  declare,  that  no  duty  of  entry  fhall  ever  be  levied 
by  either  party  on  peltries y  ^c,  (and  a  fimilar  promife 
is  made  in  cafes  that  more  immediately  afFe6t  Great 
Britain  )  fince  congrefs  has  the  fole  power  to  lay  and  coU 
leCl  taxes,  duties,  &c.  to  pay  the  debts,  and  provide  for 
the  common  defence,  and  general  welfare  of  the  Uni- 
ted States  ?  If  we  may,  negatively^  fay,  by  treaty^  that 
certain  duties  fhall  not  be  laid,  may  we  notj^  affirm^ 
ative/yy  fay,  by  treaty,  that  certain  other  duties  fhall 
be  laid  ?  And  then  what  becomes  of  that  part  of  our 
conftitution,  which  declares,  **  that  all  bills  for  raifing 
revenuejball  originate  in  the  houfe  of  reprefentatives  ?**  But 
let  us  imagine  for  a  moment,  that  it  is  in  the  power  of 
the  prefident  and  fenate  to  regulate  our  commerce  with 
the  Indian  tribes ;  ought  not  the  regulation  to  be  maJs 
with  the  Indians  ihemf elves  ?  Why  fuifer  Great  Britain 
to  negociate  and  ftipulate  for  Indians  adlually  refid- 
ing  within  the  territory  of  the  United  States  ?  la 
fuch  a  concefHon  confident  with  the  dignity  and  inde- 
pendence of  our  government — with  the  peace  and  in- 
tereft  of  the  nation  ?  Let  Mr.  Randolph's  letter  to 
Mr.  Hammond,  on  the  conduct  of  General  Simcoe 
and  Major  Campbell  be  referred  to,  as  an  anfvver  to 
this  queflion.  It  is  not,  at  prefent,  within  reach  to 
be  quoted;  but  its  contents  were  too  important  to 
have  already  efcaped  the  memory  of  any  refledling 
American. 

(5.)  By  the  conftitution  congrefs  is  empowered  to  de^ 
fine  and  puni/h  piracies  and  felonies  committed  on  the  high 
fias,  and  offences  agahift  the  law  of  nations* 

By  the  treaty  the  definition  and  punifhment  of  cer- 
tain offences,  not  known  by  any  law  of  the  union,  is 
declared  and  permitted  ;  to  wit — -ifl.  For  accepting 
commilfions  or  inftrudtions  from  anv  foreign  prince  ox 


I 


I    150   3 

/late,  to  a£l  agaliift  Great  Britain.  2(1,  For  accept- 
ing any  foreign  commiflion  or  letter  of  marque  for 
arinlng  any  privateer, .  &c.  Great  Britain  may  punifh 
an  American  citizen  as  a  pirate.  3d,  For  not  treat- 
ing Britifli  officers  with  that  refpe^  which  is  due  to  the 
commifflons  they  hear,  and  for  offering  any  infult  to  fuch 
officers,  the  offenders  (hall  be  punlihed,  as  dijlurhers  of 
the  peace  and  amity  between  America  and  Great  Britain, 
5th,  For  making  a  prize  upon  the  {ubjc6l3  of  Great 
Britait*,  the  people  of  every  other  belligerent  nation 
(except  France)  (hall  be  puniflied  by  a  denial  of  Jhelter 


or  refuge,  in  our  ports,  i,^,,^ •.*,,-f*;i  ^.:%^  ^  j ^i.ft^.^.ii.^*^^->^|.s,^? 
Remarks,  To  define  crimes,  and  apportion  punifli- 
monts,  is  the  peculiar  province  of  the  legi/Iative  autho' 
rity  of  every  free  government :  but  it  is  obvious,  from 
the  foregoing  recapitulation,  that  the  executive  autho^ 
rity  has  likewife  encroached  upon  that  j»rovince,  by 
ihc  inilrumentality  of  its  treatymaking  pov^rer.  Can 
a  citizen  be  furrendcred  by  treaty  to  all  the  pains  and 
penalties  of  piracy  P  Then  by  treaty,  he  might  be  fub- 
je^led  to  all  the  pains  and  penalties  of  treafon.  It  is 
true,  that  the  conilitution  refer\e8  to  itfelf  the  exclu- 
five  right  of  declanng  what  fhall  conftltute  treafon ; 
but  it  is  equally  true,  that  it  beftows  on  congrefs  the 
exclufiv.'  right  to  define  and  punifh  _^/rjfy  ;  and  the  in- 
vailon  of  the  ri<j^ht  to  define  in  one  cafe,  is  as  imconfti- 
tutltnud  as  the  invaiion  q£  an  adtfaJ  definition  in  the  o- 
tbcr.  But  whv.t  legitimate  authority  can  a  treaty  fug- 
gc  ii,  in  order  to  jullify  the  reftraint  upon  that  right 
ot  v.xpat nation,  which  congrefs  itfelf  has  not  ventured 
to  rclbaiii,  while  legiilating  on  fubje£U  of  a  fimilar 
d.ifs  ?  It  is  not  intended  to  convey  the  flighteft  doubt 
of  the  power  and  propriety  of  controuling  our  citi- 
zens In  lhe:r  conduft  towards  foreign  nations,  while 
tl^cy  arc  \,  ithin  the  reach  of  dcnffiic  coercion  :  but  to 
pnVMibit  an  Amciican  freeman  from  going  whither  he 
piv  afcs,  in  qu^il  of  fortune  and  happxnefs — to  reftrick 
him  from  excrcifing,  in  a  foreign  country,  and  in  afo* 
ni^n  y>n?iiv,  his  genius,  talents  and  fuduflry  ;  to  de-^ 


no 
tio 
bat 

CO 

we 
coi 


or 


J3saaEsas^ 


the 


I  o- 


to 
he 


C     i3i     ] 

tiotince  liim  for  feeking  honor,  emohiment  or  inftnic- 
lion,  by  enlifting  within  the  territory  and  under  tlje 
banners  of  another  nation  ; — to  do  fuch  things,  is  to 
condemn  the  principle  of  our  own  policy,  by  which 
we  invite  all  the  world  to  fill  up  the  population  of  our 
country  :  To  do  fuch  things  is,  in  fa£t,  to  proftrate 
the  boafted  rights  of  man.  It  is  hardly  worth  a  pauC: 
to  afk,  what  proportion  of  refpcB  is  due  to  the  commijfion 
of  a  Britiflj  ojfficer  ?  and  what  degree  of  puni/hment  the 
refufal  or  negleA  to  pay  it,  may  deferve  ? 

(6.)  By  the  con/Tttutlon  it  is  declared,  that  "  no  tax 
or  duty  fhall  be  laid  on  articles  exported  from  any  fiate,** 

By  the  treaty  **  it  is  exprefsly  agreed  and  declared 
that  the  United  States  will  prohibit  and  reftrain  the 
carrying  any  melaffes,  fugar,  coffee,  cocoa,  or  cotton, 
in  American  vefTels,  either  from  his  majtdy's  iflands, 
or  from  the  United  States,  to  any  part  of  the  world.*' 

Remarks,     This  is  an  extraft,  it  is  true,  from  the 
twelfth  article  of  the  treaty;    but  it  equally  fervcs  to' 
fhow  the  probability  of  attempts  to  violate  the  confti- 
tution.     Befides,  the  advocates  for  the  treaty  are  ha- 
fty  and  premature,    when  they  defire  to  throw  the 
twelfth  article  entirely  out  of  confideration  ;  for,  by 
that  prcpofition,  though  they  Jhould  five  thi^  treaty,  they  I 
effeSually  deflroy  Its  author.     They  are  hafty  and  pre* 
mature  for  another  reafon  :  the  twelfth  article  is  to  be' 
fufpended  for  the  declared  purpofe  of  negoclating  fomethlng 
as  a  fub/titute ;    and,    therefore  we  muft  confider  its 
principle,  in  order  to  afcertain,  how  fur  any  modification 
of  it  could  be  rendered  palatable.       But,  on  con/lltuti*l 
onal  ground,  when  it  is  declared,  that  no  duly  (hall  b^\ 
law  be  laid  on  articles  exported  from  any  ilate,  is  it 
not  abfurd,  or  wicked  to  fuppofc,   that  by  treaty  the 
exportation  oi  the  articles  themfelves  can  be  prohibited  ? 
The  obvious  intention  of  the  cmflitulion  i»  to  encoti-' 
rage  our  export  trade ; — the   immediate  effect  of  the 
treaty  is  to  ob(lni6i  and  annihilate  it. 

(7.)  There  are  many  other  points  in  which  a  collifioA^ 
ffccurs  between  the  confiituiian  and  the  treaty,  but  to  whicji' 


i 


C 


%■ 

■  t 


•'•\ 


?'i  1' 

f,  '  ,       ■» '  *•  'IF' 


I 


1 


\\ 


wi 


t  »3^  i 


•,  I 


'':*    ,-f 


the  fcope  and  nature  of  thefe  ftrlAures  will  not  admk 
«  full  attention.  It  may  be  curforily  remarked,  how- 
ever, that  a  ce/pon  of  territory^  which  will,  probably, 
be  the  cOnfequence  o£  fettling  anew  the  boundaries  of 
the  United  States,  and  even  the  aftual  ceffion  of  the 
precindis  of  the  weftern  pofts>  though  in  favor  of  indi- 
viduaky  are  fubje6lsfor  ferious  refle<^ion.  If  apart  of 
the  United  States  may  be  ceded — if  «  whole  ftate 
may  be  ceded,  what  becomes  of  the  guarantee  of  a 
republican  form  of  government  to  every  ftate  ?  The 
propriety  of  prefenting  this  confideration  to  the  pub- 
liQ  mind,  will  be  allowed  by  thofe  who  know,  that, 
in  the  courfe  of  the  fenatorial  Mate^  the  right  of  ceD' 
iNG  Br  TREATY  a  WHOLE  JlatCf  nay,  ant  number  of 
the  fiatesy  Jhort  of  a  majority ^  was  boldly  ASSSRTEPf 
and  sTRENuopur  argued  J  J I  ? , 

(8.)  It  may  not  be  amifs,  likewlfe,  to  add,  that  our 
government  has  no  more  right  to  alienate  powers  that 
4ire  given,  than  it   has  to  ttfurp  powers  that  are  not 
given.     For  inftanc€,  an  a£l  of  cottgrefs  could  not  (and 
xan  a  treaty?)  furrender  the  right  of  fequeftering  the 
property  of  a  hoftlle  nation — ^the  right  of  giving -com- 
mercial preferences  to  a  friendly  nation — ^and  the  right 
of  fufpending  a  ruinous  intercourfe  with  any  nation  ? 
Great  clamors  have  been  raifed  againft  the  exercife  of 
•thefe  rights ;  and,  undoubtedly,  they  fhould  only  be 
ufed  in  the  Iqft  refort ;  but  they  are  rights  recognized 
Jby  the  law  of  nations  ;  and  they  are  rights  often  eiTen- 
tial  to  the  duties  oi  felf-prefervation^  and  fometimes 
.jieceffary  to  the  accomplifhment  of  reciprocal  juflice, 
«      10-   Having  taken  this  reviettv  of  the  actual  warfare 
letween  the  con/litution  and  Mr*  J^y*^  diplomatic  work, 
-and  of  the  deftnwftive  confequences  of  the  claim  oitJx 
'executive,  to  bind  the  United  States,  in  all  cafes  whatfoever, 
.by  treaty  ;  let  us  recur  to  the  pofition  with  which  the 
prefent  feature  was  introduced,    namely,  the  ^uty  of 
preferving  the  con/lituticn,  fuch  as  it  was  made  and  intend" 
^d  by  the  people^  and  we  (hall  find,  jby  a  faithful  -com- 
;j>arifoa  of  theory  with  pra^ice,  xh»t  the  government  of 


>s- 


C    133    ] 


the  United  States  may  he  transformed  through  the  medhfm, . 
of  the  treaty-making  power y  from  a  republic  to  an  oligar' 
chy — from  a  free  government  of  feveral  departments y  le- 
giflative,  judicial  and  executive — to  the  fimple  arijlocra' 
tical  government  of  a  prefident  and  fenate. 

II.  This  fatal  effedt,  hov/ever,  of  converting  our 
governinent  from  the  fyftem  which  the  people  hiie^ 
to  a  fyftem  which  they  ^Mor,— from  what  it  was  made 
in  theory,  to  what  it  was  never  intended  to  b«  made 
by  praAice — can  only  proceed  from  error  or  corrupti" 
m.    It  would  ill  become  the  writer  of  thefe  llri6lures, 
who  fo  freely,  but  it  is  Tioped,  fo  fairly,  expreffes  an 
opinion,  to  impute  to  any  man  or  fet  of  men,    a  lini- 
fter  and  traiterous  defign  againft  the  conftltution  of 
our  common  country.     The  denunciations  fulminated 
by  the  New  Tork  Camil/us,  and  his  fmall  circle  of  co- 
adjutors, harmlefsly  expend  themfelves  in  the  violence 
of  their  explofion  :  like  the  denunciations  of  the  Tiara^ 
they  fpring  from  an  arrogant  claim  of  infallibility  /  and 
like  them  too,  will  only  excite  the  deri/ion  or  the  difgii/l 
of  an  enlightened  nation.     Is  it  credible,  that  every  ci- 
tizen of  the  United  States,    from  Georgia  to  New- 
Hampfliire,   who  reprobates  Mr.  Jay's   treaty,    mud: 
either  be  an  enemy  to  our  government,   or  a  rancorous  in- 
cendiary ?  Is  it  to  be  prefumed  that  no  man  can  utter 
a  fentence  of  difapprobation  refpe6ling  the  principles  of 
the  treaty,  without  feeh'ng  a  fentiment  of  animofity, 
refpedling  the  perfon  of  the  negociator  ?    Are  we  real- 
ly fuch  flaves  to  fadlion  ; — ^fo  trammelled  with  party  -;, 
— fo  infenfible  to  virtue,  truth,  and  patriotifm  ; — that 
every  thought  which  we  conceive,    every  expreifion 
which  ive  ufe,  en  this  momentous  occafion,  mull  be 
connedled  with  the  poffible  (but  it  is  ardently  hoped, 
the  diftant)   event,  of  electing  a  fuccejfor  to  the  prefent 
thief  magi/Irate  of  the  union  ?   Yet,  fuch  are  the  bafc 
and  fordid  motives,  paffionately  and  wantonly  afcribed 
by  Camillus  and  the  fcanty  troop  of  advocates,  who 
follow  him  infupporting  the  treaty ,  to  the  great  hofi  of  tht 


\ :  I' 


'■m 


■•'L'  .i  \i  '■-  -'.V.«tTi*i-Ji.e1k^v 


C     134    ] 

American  people^  ^jf^g  (as  it  were)   in  mafs  to  con^ 
demn  it. 

If  it  could  be  thought  a  convenient,  a  reputable, 
or  a  neceflary  tafl<,  how  fuccefsfully  might  the  argument 
of  recrimination  be  employed  !  Who,  it  could  be  afk- 
^d,  are  the  perfons  that  fupport  the  treaty  ?  What 
are  the  motives  th^t  aftuate  them?  Is  it  furprifing 
that  the  men  who  advifed  the  treaty,  or  that  the  man 
*who  compofed  it,  fhould  endeavour,  by  ♦he  force  of 
ingenuity,  art,  or  defamation,  to  refcue  it  from  ge- 
neral malediftion  and  impending  ruin  ?  Was  it  not 
to  be  expefted,  that  a  fadion,  uniformly  eager  to  ejla* 
biyh  an  alliance  ivith  Great  Britain ,  at  the  expenfe  of 
France,  would  .ftrenuoufly  attempt  to  procure  the  ra- 
tification of  any  injlrument,  calculated  to  accomplifh 
that  objedt  ?  Does  not  confiftency  require  from  him, 
who  openly  projeSed  in  the  Federal  convention,  and  from 
thofe,  who  fecretly  defire  in  the  execution  of  public  offices, 
the  eftablifliment  of  an  ariflocracy,  under  the  infidious 
title  of  an  energetic  fcheme  of  government,  that  they 
fhould  approve  and  countenance  every  praftical  appli- 
cation of  any  medium,  by  which  the  barriers  that  fepa- 
rate  our  conftitutional  departments,  may  be  over- 
thrown, and  the  occafions  for  inteipofing  the  popular 
fan6lIon  of  the  legiflature,  may  be  fuperfeded  or 
avoided  ?  Is  it  not  natural,  that  Britiih  merchants  and 
.Brltifh  agents — is  it  not  necejfary,  that  Britlfh  debtors 
and  Britifh  faftors, — fhould  clamoroufly  unite,  or  ta- 
citly acquiefce,  in  the  applaufe  bellowed  upon  a  com- 
paft,  which,  however  detrimental  to  America,  is  be- 
neficial to  Great  Britain — the  nation  of  chief  import- 
ance to  the  allegiance  and  afFedlions  of  fome  of  thofe 
f:hara6ters,  and,  to  the  opulence  and  fubfiflence  of  all? 
Or,  if  the  paltry  idea  of  an  ele Pioneering  plan  mufl  be 
forced  upon  our  confideratlon,  is  it  not,  at  leafl,  as  like- 
ly, that  the  party, /which  aims  at  making  aprejident  of  Mr, 
yay,  will,  on  that  ground  alone,  exert  itfelf  in  "  HiC 
ihfence**  of  the  treaty,  as  that  the  party,  which  is  de- 
firous  of  confemng  the  fame  elevated  office  on  Mr, 


£    m   ] 


n..?   \ 


Jefterfon,  %viU,  for  no  other  reafon,  attempt  to  blait' 
the  fruits  of  his  competitor's  negociation  ?  Confider- 
]'ng,  indeed,  that  Cam'iUus  himfelf,  by  confining  his 
**  Defence"  to  the  treaty  as  advifed  to  be  ratified  by  the 
fenatei  virtually  abandons  the  treaty  as  negociated  and 
concluded  by  Mr,  jfay : — and  alfo,  confidering  that  a 
part  of  Camil/us'a  defence  of  the  prefent  treaty  arifes 
from  the  ambiguity  that  Mr.  Jay  had  left  in  Xht  former 
treaty  with  Great  Britain  (upon  which,  however,  his 
charaAer  as  a  negociator  was  founded)  we  might  be 
led  to  fuppofe,  that  Mr.  Jay's  pretentions  to  the  wii- 
dom  of  a  ftatefman,  and  to  the  flation  of  a  prefident, 
were  not  deemed,  even  by  his  own  party^  to  be  any 
longer  tenable ;  but  that  Camlllus  ftill  condefcends,  on 
the  obvious  prefumption  of  a  fubfifting  rivalfhip,  to 
impeach  the  minifterial  character,  and  to  depreciate 
the  official  performances,  of  Mr.  Jefferfon. 

But  why  (hould  we  arbitrarily  abufe^  in  (lead  of  en- 
deavounng  rationally,  to  convince  each  other?  We  all 
hav£  the  fame  right,  from  natural  and  from  focial  law,^ 
to  think  and  to  fpeak  :  it  is-  true,  that  we  do  nt>t  all 
poffefs  the  fame  powei*s  of  reafon,  nor  the  fame  charms 
of  eloquence ;  but  when  men  are  on  an  equality  In  the 
pojfejfion^  as  well  as  in  the  right  of  exerclfingj  thofe  en- 
dowments, there  can  be  no  amicable  way.  of  adjufting" 
a  difference  of  opinion,  but  that  which  is  adopted  for 
adjufting  all  the  other  differences  of  a  free  people — an 
appeal  to  the  voice  of  the  majority  J  Now,  let  it  be 
allowed  (and  fo  far  ought  to  be  allowed,  but  »o  far* 
ther)  that  Mr.  Jay,  who  negociated  the  treaty ;  the 
twenty  member?  of  the  fenate,  who  aflented  to  a  con- 
ditional ratification ;  and  Mr.  Hamilton,  and  the ' 
New  York  chamber  of  commerce,  who  have  appeared 
in  fupport  of  it  (an  enumeration  that  comprifes,  it  is 
believed,  all  that  have  hitherto  avowed  a  perfctl  apprO' 
batlon)  are  in  the  poffeffion  of  as  great  a  portion  of 
information,  integrity  and  talents,  as  a  like  number  of 
citizens,  feledled  for  their  approved  wifdom,  virtue 
and  patriotifm,  from  the  aggregate  of  thofe  who  have 


#.>-; 


^ 


C     »36    ] 

publicly  condemned  the  treaty ;  and  then  let  it  he 
candidly  anfwered,  which  fcale  in  the  balance  muft, 
of  right,  preponderate  ?  After  fuch  a  feledion,  there 
will  llill  remain  the  great  body  of  the  community  in 
oppofition  to  a  ratification  ;  and,  as  members  of  that 
community,  thoufands  of  individuals  who  honorably 
Terved  during  the  late  war,  in  the  field  and  the  cabinet,^ 
and  many  of  whom  at  this  moment  fcrve  with  zeal, 
fidelity  and  wifdom  in  the  various  departments  of  go- 
vernment. Is  it  not  then  the  fymptom  of  an  arrogant 
vanity  ; — of  a  t}Tannical  difpofition  ;-^to  ftlgmatize 
fuch  an  oppofition  to  a  proje^ed  meafure^  with  the 
name  of  "  Fadtion  ?*'  The  violence  offered  to  Mr. 
Hamilton's  perfon  in  New  York,  and  to  Mr.  Bing- 
ham's houfe  in  Philadelphia,  have  juflly  excited  the 
indignation  of  ever)'  fincere  republican  :  but  even  that 
reprchenfible  and  odious  conduft  is  not  to  be  com- 
pared to  the  enormous  guilt  of  endeavouring  to  farce 
the  opinion  of  a  few  individuals  upon  the  people^  as  the 
ultimate  teft  of  political  truth ;  and  tb  cqji  an  odium 
tipon  the  laie  conventions,  in  ivhich  (according  to  the 
language  of  the  conilitution)  **  the  people  *voen  peacea* 
l!y  a/fembhd,  to  petition  the  government  fof  the  redrejt 
(or  rather  the  prevention)  of  a  grievance.'* 

But  let  the  pardon  of  the  reader  be  granted  for  this 
dioreffion  ;  and  we  will  return  to  a  delineation  of  the 
feature  that  lies  before  us. 

12.  Declining,  then,  either  to  create,  or  to  fol- 
low, a  bad  example,  let  us  afcribe  the  deviation  from 
the  principles  of  our  conflitution  to  an  erroneous  con^ 
flruSion,  rather  than  to  a  ixnlful perverjion  ;  and  let  us 
exert  our  fkill  in  averting  the  evil  that  threatens, 
rather  than  indulge  our  refentment  in  convidling  thofe 
who  labour  to  produce  it. 

Our  government,  therefore,  being  a  government  of 
departments,  it  is  (as  we  have  already  obferved)  incon- 
fiftent  with  the  duty  of  ftlfprefervation ;  or,  in  other 
vvords,  it  m.nft  proceed  from  an  error  in  cotiflrudion ; 
that  one  department  (hall  alTume  and  exercifc  all,  or 


i  '  \ 


fol. 

Ifrom 

cort- 

it  us 


or 


C    137    ] 

any,  of  the  powers,  of  all,  or  any,  of  the  other  depart- 
ments. "  The  departments  of  government  (to  adopt 
the  elegant  figure  ufcd  by  an  excellent  judge,  in  a 
late  admirable  charge  to  a  Philadelphia  jury)  are 
planets  that  revolve,  each  in  its  appropriate  orbit, 
round  the  conftitutlon,  as  the  fun  of  our  political  fyf- 
tem."  Thus,  if  the  legiflative,  executive,  or  judicial 
departments  Ihall  encroach,  one  upon  the  orbit  of 
the  other,  the  deftruftion  of  the  order,  ufe,  and 
beauty  of  the  political  fyftem,  muft  as  inevitably 
enfue,  as  the  deilru6lion  of  the  order,  ufe  and  beauty 
of  the  planetary  fyltem  would  follow,  from  a  fubver- 
fion  of  the  effential  principles  of  attradlion,  repulfion 
and  gravity. 

13.  It  was  neceflary,  however,  that  the  power  of 
making  treaties  with  foreign  nations,  fhould  be  vefted 
in  one  of  the  departments  of  the  government  :  but  t/je 
jffower  of  making  treaties  is  not,  in  its  nature,  paramount 
to  every  other  power  ;  nor  does  the  exercife  of  that  poiJU' 
er  naturally  demand  an  excluftve  jurifdiSion*  A  nation 
may  carry  on  its  external  commerce  v.'ithout  the  aid  of 
the  treaty-making  power ;  but  it  cannot  manage  its  do' 
mejlic  concerns  without  the  aid  of  the  legiflative  power  : 
the  legiflative  power  is,  confequently,  of  fuperior  im- 
portance and  rank  to  the  treaty-making  power.  A- 
gain  : — The  legiflative  powjr,  exercifed  conformably  to 
the  conflitution,  mull  be  diredl,  univerfal,  and  conclufive 
in  its  operation  and  force  upon  the  peopk ;  but  the 
treaty-making  power  is  fcarcely  in  any  inftance  inde- 
pendpnt  of  legiflative  aid  to  efFeftuate  its  efforts,  and 
to  renf' ?r  its  cohipa£ts  obligatory  on  the  nation.  A 
memorable  occurrence  in  the  Englifli  hiftoiy  will  ferve 
to  illufttate  both  of  thefe  pofitions  :  It  is  the  fate  of 
the  commercial  part  of  the  famous  treaty  of  Utrecht,  con- 
cluded between  France  and  England  in  the  year  I7f2. 
••  The  peace  (fays  RufTel  in  his  **  hiftory  of  modern 
Europe,"  vol.  4.  p.  457)  was  generally  difliked  by  the 
people,  and  all  impartial  men  reprobated  the  treaty  of 

N  2 


•y 


1'ii- 


'       I'i 


m' 


-■■"'■:.■.-.*■.' 


i"'-T  V?'"^'^  ■-*■ 


V  '^f 


.f.t^i^i^ 


t  I3S  ]■ 

commene  with  France^  as  foon  as  the  terms  were  known^ 
Exception    was    particularly    taken    againll   the    8tli 
and   9th    articles,    importing    **  That    Great    Britain 
and  France  JbouU  mutually  enjoy  all  the  privileges  In  tra- 
ding with  each  other,  which  either  granted  to  the  moji  fa- 
vored nation  ;  that  all  prohibitions  jljould  he  removedy  and. 
no  higher  duties  impofcd  on  the  Frejich  commodities  than 
on  thofe  of  any  other  people,"     The  ruinous  tendency 
of  thefe  articles  was  perceived  by  the  whole  trading 
part  of  the  kingdom.    It  was  accordingly  urged,  when 
a  bill  was  brought  into  the  houfe  of  commons  for  con- 
finning  them,  that  the  trade  with  Portugal,  the  moil 
beneficial  of  any,  would  be  loit,  (hould  the  duties  on 
French  and  Portuguefe  wines  be  made  equal,  &c.  &c. 
Thefc  and  fimilar  arguments  Induced  the  more  moderate 
tones  to  join  the  whigs,  and  the  bill  ivas  rejected  by 
A  MAjoRirr  OF  NINE  fOTEs,"      In   relating  the  fame 
tranfa6lion,  Smollet's  hiftory  of  England  (vol.  2.  p. 
242,  246)  contains  fome  paflagcs  too  remarkable  to 
be  omitted  on  the  prefent  occafion.     "  Againll  the. 
8th  and  9th  aiticks  (fays  the  hiftorian)  the  Portuguefe 
minlfter  pref.Jed  a  memorial,  declaring,  that  fhould  the 
duties  on  French  wines  be  lowered  to  the  fame  level, 
with  thofe  that  were  laid  on  the  wines  of  Portugal,. 
his  majler  would  renew  the  prohibition  of  the  woolen  ma- 
nufadurcs,  and  other  produ&s  of  Great  Britain*     Indeed, 
all  the  trading  part  of  the  nation  exclaimed  agalnji  the 
treaty  of  commerce,  which  feems  to  have  been  concluded 
in  a  hurry,   before  the  mini/lers  fully  underftood  the  naturs-. 
of  the  fubjeff,.     This  precipitation  was  owing  to  the 
fears  that  their  endeavours  after  peace  would  mifcarry, 
kom  the  intrigues  of  the  whig  fadtion,  and  the  obfti-^ 
nate  oppofition  of  the  confederates."      "  Another 
bill  (continues  the  fame  writer^  in  a  fubfequent  page) 
being  brought  into  the  houfe  of  commons,    for  ren- 
dering the  treaty  of  commerce  effedlual,  fuch  a  number 
of  petitions  were  delivered  agalnjf- it,  and  fo  many  folid 
arguments  advanced  by  the  merchants,   who  were  ex-- 
aiiiincd  on  ihe  fubjedl,  that  even  a  great  number  oftory: 


C    139   T 

members  were  convinced  of  the  bad  confequence  it  ivoiihl 
produce  to  trade f  and  voted  again/l  the  mini/ier  on  this  OC' 
cq/Ion.** 

Perliapa  there  cannot,  in  the  annals  of  all  the  na-- 
tions  of  the  earth,  be  found  two  cafes  more  parallel . 
than  the  one  which  is  thus  recorded  in  the  EnglUh. 
hiftory,  and  the  one  which  at  prefent  agitates  tho. 
American  nation. — i,  AH' impartial  men  reprobated, 
both  treaties  as  foon  as  the  terms  were  known.     2.. 
The  admiflion  of  the  oppofite  contracting  party  to/ 
an  unqualified  participation  in  trade,  with  the  moft. 
favored  nation,  is,  in  both  cafes,  a  principal  fource  of: 
complaint.     3,  The  removal  of  all  prohibitions,  and 
the  furrender  of  the  right  to  iinpofc  higher  duties  on 
the  commodities  of  the  oppofite  contra6ling  party,, 
than  on  thofe  of  any  other  people,  are,  in  both  cafes, 
condemned.     4.   The  good  and  the  intelligent  of  all* 
parties  have  united  their  influence,  in  both  cafes,  to 
prevent  a  confirmation  of  art'cles  of  fo  ruinous  a  ten- 
dency.    5.  The  whole  nation,  in  both  cafes,  hare  ex-- 
claimed  againft  the  treaty.     6.  Both  treaties  w^ere  con- 
cluded in  a  hurry,  before  the  minillers  fully  under- 
llood  the  nature  of  the  fubjeil.     7.  Innumerable  peti- 
tions (and  who  will  NOW  deny- the  propriety  of  ex- 
ercifmg  the  American  right  to  petition  ?)  wcrc  deli- 
vered againft  both  treaties,     8.v  And  the  Portuguefe . 
minlfter  declared, .  in  effect- .  of  the  treaty  of  Utrecht 
(mutatis  mutandis)  what  the  minifter  of  France  will, 
probably,  declare  of  the  treaty  of  London  (but  what 
America  furrenders  the  right  of  faying  at  any  time  to . 
Great  Britain)   "  If  you  ratify  your  alliance  with  the 
Brltilh,  you  mull  furrender  your  alliance  with  France.'* 
If  fuch  a  wonderful  limilarity  of  circumftances  con^? 
ciir  in  the  negociationy  termsy  and  reception  of  thefe  me4j 
morable  inftrumentSy-,letushope  that  the  guardian  an*l 
gel  of  American  liberty  and  profperity,  has,  alfo,  doom^ 
ed  them,  finally  to  experience  2imeritedjimilarity  pffate!  ' 
14.   But  having  thus  fhown,.that  even  in  Great  Brh 
iam  the  treaty-makmg  prerogative  is  neither  paramount 


I .'    f 


II 

1 

■  tt' ' 'l  '^ 

H 

m 

1 

.^^he 

K| 

1 

c  140  i 

mr  exchtfive  (tliougli  the  generality  of  judge  Black- 
llont*s  cxprcllions  on  the  fubjcft  would,  perhaps,  lead 
to  that  prcpollcrous  conclufion)  we  might  be  fatisHcd 
to  pr^:fume,  on  general  principles,  that  fo  high  a 
claim  of  jurifdidion  could  not  be  maintained,  at  leaft, 
on  the  part  of  our  prefident  and  fenate.  Yet,  let  us 
endeavour,  by  the  infallible  teft  of  the  conftitution, 
to  put  the  matter,  if  pofiible,  beyond  doubt  annd  con- 
troverfy  ;  and  having  eftablifhed  that  each  department 
of  the  government  fliould  be  confined  to  its  proper 
orbit,  let  us  endeavour  to  afcertain,  what  that  orbit 
IS,  in  relation  to  the  treaty-making  poiuer, 

(1.)  The  power  of  the  prefident  and  fenate  to  make 
treaties,  is  given  (as  we  have  already  ftated)  in  general 
and  iinrcjlrihed  terms. 

But  the  powers  given  to  congrefs  (except  in  an  in- 
ftance  to  be  hereafter  noticed)  are  dejinite  in  their  terms, 
and  appropriated  in  their  objects. 

Let  us  aflc,  then,  by  what  rule  of  conllrud^ion  a 
power  primarily  and  fpecifically  given  to  one  body, 
can  be  affumed  and  exercifed  by  another,  to  which, 
in  afuhfequent  elaufe,  a  mere  general  authority  is  given  ? 

Upon  the  common  law  principles  of  conftrud^ion, 
the  fpecific  powers  would  clearly,  in  fuch  a  cafe,  be 
deemed  a  refervation  and  exception  out  of  the  general 
grant.  But  even  according  to  a  rule  furnifhed  by  the 
conftitution  itfelf,  the  fame  refult  will  be  produced. 
Thus,  the  twelfth  ratified  amendment  declares,  "  that 
the  powers  not  delegated  to  the  Umted  States  by  tlu 
tonftitution,  are  referved  to  the  ftates  rcfpedtively,  or 
to  the  people."  Now,  if  the  general  power  granted 
for  the  purpofe  of  making  treaties,  can  fet  at  nouglit 
the  jurifdidion  fpecifically  given  to  congi*efs  for  the 
purpofe  of  making  laws,  may  it  not,  with  equal  pro- 
priety and  effect,  overleap  the  boundary  thus  inter- 
^fed  between  popular  rights  and  conftltuted  powers  ? 
In  the  one  cafe,  the  refervation  is  exprefsly  declared 
—in  the  other,  it  is  neceffarily  implied. 


C     HI     ] 


A     ! 


ers 


lav 


ed 


(2.)  But  if  the  delegation  of  a  general  power  docs, 
tpfo  fa^o,  convey  a  right  to  embrace,  in  the  excrcife 
of  tnat  power,  every  authority  not  incompatible  with 
its  objcAs,  the  confequence  will  be  that  congrefs  may 
enter  into  treaties  as  tvell  as  the  preJiJent  and  fenate» 

For,  congrefs  is  veiled  with  a  jurifdidlion  **  to  make 
all  laws,  which  (hall  be  neceflary  and  proper  for  car- 
rying into  execution  their  own  powers :"  and  what 
laws  arc,  in  that  refpe£l,  neceflary  and  proper,  they 
muft,  from  the  nature  of  the  thing,  be  the  judge. 

Suppofc,  therefore,  that  congrefs  was  defirous  of 
forming  an  alliance ,  offenftve  and  defenjivey  with  France^ 
but  could  not  obtain  the  conftitutional  number  of 
two-thirds  of  the  fenate  for  accomplifliing  the  mcafure 
by  treaty  y — an  aff  of  congrefs  in  order  to  regulate  com- 
merce  ivith  that  nation^  would  afford  as  effeAaal  a  mode 
(according  to  the  new  doftrine)  fmce  the  aft,  on  the 
pretext  of  an  equivalent  for  commercial  advantages, 
might  legiflaie  us  into  the  coveted  alliance.  The 
temptation  and  facility  of  proceeding  in  this  way  is 
obvious  ; — the  paffing  of  a  law  requiring  but  a  majo- 
rity of  the  fenate ;  whereas  the  ratification  of  a  treaty 
requires  the  concurrence  of  two-thirds  of  tht  membera 
of  that  body. 

(3.)  It  is  not,  however,  neceflary  to  mingle  and 
connife  the  departments  of  our  government,  contrary 
to  the  firft  principles  of  a  free  republic ;  nov  to  make 
a  part  of  our  political  fyftem  equal  to  the  whole,  con- 
trary to  the  foundeft  axioms  of  demonftrative  philofo- 
phy,  in  order  to  give  a  juft,  efficient  and  falutary 
effeft  to  the  treaty-making  power  of  the  prefident  and 
fenate.     For  ahhough. 

In  the  jfir/l  place,  the  treaty-making  power  cannot 
bind  the  nation  by  a  deci/ion  upon  any  of  the  fubjcfts, 
which  the  conftltutlon  exprefsly  devolves  upon  the 
leglflative  power  : 

Yet,  in  the  y^^o«^  place,  tne  treaty-making  powef' 
may  negociate  conditionally^  refpcfting  the  fubjeds  that 


i'     ■ 


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conftitutioiially  belong  to  the  decifwn  of  the  legiflatht* 
power:  v  • 

And»  in  the  third  place,  every  other  fubjed^  proper 
for  the  national  compadl  of  a  republic,  may  be  nego- 
etated  and  ahfolutely  concluded  by  the  tr eaty 'making power ^ 
,  (4.)  That  fuch  a  diilin6lion  was  intended  by  the 
frumers  of  K)iir  prefent  excellent  conftitution,  the  rea- 
fons  that  have  been  glanced  at,  muil,  it  is  thouglit^ 
(ufficiently  prove  to  every  ingenuous  mind :  But  kt 
one  argument  more  be  adduced. 

By  the  ninth  article  of  the  old  conf<*deration  it  was 
declared,  "  That  the  United  States,  in  congrefs  af- 
fembled,  fhall  have  the  file  and  exclu/ive  right  and  power 
ef  determining  on  peace  and  war  J* 

By  the  exilling  conftitution  of  the  United  States, 
it  is  provided,  **  That  congrefs  /hall  have  power  to  de- 
clare war,  grant  letters  of  marque  and  reprifal,  &c. 

Now,  it  it  evident,  that  by  omitting  to  depofit 
with  congrefs  the  power  o^  making  peace,  in  addition  ta 
the  power  of  declaring  war,  the  framers  of  our  pre- 
fent government,  had  in  full  view  the  divifion  of  its 
departments,  and  the  correfponding  diftribution  of  its 
powers. 

Congrefs,  tinder  the  confederation,  was  ^Jingle  body,., 
and  therefore,  neceffarily  poiTeifed-  of  all  the  little  le- 
giflative,  executive,  and  judicial  authority,  which  the/ 
flates  had  bten  pleafed  to  delegate  to  the  union. 

The  government  of  the  United  States,  on  the  contrary,  is 
a  compound  fyttem,  of  which  the  congrefs  is  only  the . 
legiflative  department :    and,   therefore,    the   executive 
and  judicial  functions  are  elfewhere  to  be  fought  for  • 
and  exercifed. 

Hence  it  is,  that  although  the  power  of  declaring 
war  is  (^s  it  ought  to  hc)Jeft  with  congrefs,  the  pow-* 
er  of  making  peace  is  (as  it  ought  to  be)   transferred  to  • 
the  executive  ;  being  a  natural  appendage  of  the  gene-.- 
ral  power  of  making  treaties. 

This  dedudion  ferves  likewife  to  demonftrate,  that, 
the  framers  of  the  conftitution,,  did  not  intend  to^ 


de- 


i     HI    3 


f 


leave  the  powers  tliat  are  fpccipcally  given  to  con- 
gcefs,  at  the  mercy  of  the  power  that  h  generally  giv- 
en'to  the  prefident  and  fenate.  By  expreffing  a  poll- 
tive  jurifdiAion  in  favor  of  the  former,  it  excludes  a 
claim  of  jurifrli^lion  in  favor  of  the  latter.       i  ^,;^^v.., 

(5.)  Nor  is  it  in  the  ponver  of  making  treaties  only^ 
that  the  conftitution  has  abridged  the  executive  depart" 
vient  of  its  cuftomary  attributes,  in  order  .to  augment 
the  (ources  o(  legi/lative  jurifdiffion.  i/^i 

In  Great  Britain  (for  inftance)  the  executive  pofleff- 
es  the  power  of  making  peace  ;  of  granting  letters  of 
marque  and  reprifal ;  of  regulating  weights  and  mea- 
fures  ;  of  coining  money,  regulating  the  value  there- 
of, and  qf  foreign  coins;  ofere^^ing  courts  of  judica- 
ture ;  of  conferring  the  rights  of  denizenfhip  on  ali- 
ens, 8cc.  &c.  ,      , 

In  the  United  States  the  power  for  all  thofe  purpofes 
is  abfolutely  veiled  in  the  legiflature, 

15.  On  reviewing  th<?  various  pofitions  that  have 
i)een  taken  in  the  courfe  of  thefe  ftri£lures,  a  defire 
is  felt  to  exhibit  the  corroborative  opinions  of  men 
v^^ho  have  been  juftly  valued  by  the  public  :  It  will  be 
ufeful  to  the  reader,  as  well  as  plealing  to  the  writer, 
to  indulge  the  diipolition  in  a  few  inftances,  and  in  a 
brief  manner. 

(i.)  It  has  been  faid,  ih.'sX  the  power  of  regulating 
commerce  belonged  to  congrefs. 

The  report  of  Mr.  Mafon  (a  member  of  the  federal 
convention)  on  that  fubjeft,  was  delivered  in  the  con- 
vention of  Virginia  as  follows :  **  With  refpe6l  to 
**  commerce  and  navigation,  I  will  give  you,  to  the 
**  beft  of  my  information,  the  hiilory  of  that  affair. 
**  This  bufinefs  was  difcufled  [in  the  convention]  at 
"  Philadelphia  for  four  months  4  during  which  time 
**  the  fubje6):  of  commerce  and  navigation  was  often 
**  under  confideration  ;  and,  I  aflert,  that  eight  out  of 
^^  twelve^  for  more  than  three  months ^  voted  for  require 
**  ing  two-thirds  of  the, members  prcfent  in  each  houfe  t9 
**  pafs  commercial  and  navigation  laws.     True  it  is,  that 


1 

m 

1 

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i. 

il 

n 

1 

p^; 

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i|--|jwmi 

/':•> 


H, 


I) 


1^ 


C     144-    ] 

'**  afterwards  it  was  carried  by  a  majority  as  it  ftands^ 
**  If  I  am  right,  there  was  a  great  majority  for  two* 
**  thirds  of  the  Jlates  in  this  bufinefs,  till  a  compromife 
"  took  place  between  the  northern  and  fluthern  ftates ; 
"  the  northern  ftates  agreeing  to  the  temporary  im- 
<^  portation  of  flaves ;  and  the  fouthern  ftates  conced- 
•*  ing,  in  return,  that  navigation  and  commercial  laws 
*^Jhould  be  on  the  footing  on  which  they  now  JlandJ^ 

S2.)  It  has  been  faid,  that  /;&^  treaty-making  power 
d  not  cede  a  part  of  the  union f  nor  furrender  a. citizen 
4o  be  punifhed  as  a  pirate. 

The  opinion  of  Mr.  Randolph  (a  member  of  the 
federal  convention,  and  now  fecretary  of  ftate)  deli- 
vered in  the  fame  convention,  contains  the  following 
paffage  :  **  I  conceive,  that  neither  the  life^  nor  the 
^^  property  of  any  citizen^  nor  the  particular  right  of  any 
^^JlatCf  can  be  affeSed  by  a  treaty  J*  ^    » 

Mr,  Madifony  alfo,  juftifying  and  recommending 
the  adoption  of  the  conftitution  to  his  fellow  citizens, 
fays,  with  refpeft  to  the  treaty-making  power — "  I  am 
**  perfuadcd  that  when  this  power  comes  to  be  tho- 
**  roughly  and  candidly  viewed,  it  will  be  found  right 
**  and  proper.  Does  it  follow^  becaufe  this  power  is 
**  given  to  congrefsy  that  it  is  abfolute  and  unlimited  ? — 
**  I  do  not  conceive  that  power  is  given  to  the  prefi- 
**  dent  and  fenate  to  difmember  the  empire,  or  to  alienate 
*^  any  great,  effential  right.  I  do  not  think  the  whole 
**  legiflative  authority  have  this  pomter.  The  exercife  of 
**  the  power  mujl  be  confijlent  with  the  objeS  of  the  dek- 
**  gation,** 

(3.)  It  has  been  faid,  the  right  of  fufpenSng  a  com- 
mercial  intercourfe  with  any  fereign  nation  ;  and  the  tight 
of  fequeftering  an  enemy^s  property,  £3*r.  were  rights  «^- 
tial  to  an  independent  government,  and  recognized  by  the 
law  of  nations, 

Vattel  contains  the  following,  among  many  other 
paflages  on  thofe  fubje6ls : — 

«  Every  flate  has  a  right  to  prohibit  the  entrance  of 
**  foreign  merchandife,  and  the  people  who  are  intc- 


andst 
two- 
omife 
ates ; 
y  im- 
Dced- 
laws 


*5r 


-         '  '      C^45     3  ■ 

«-  i\;ft€<l  have  no  right  to  complain  of  it,  as  if  they 
"  had  been  refiifed  an  office  of  humanity.**  B.  I, 
c.  8.  f.  90. 

**  It  depends  on  the  will  of  any  nalion  to  carry  on 
**  commerce  ivlth  another^  or  to  let  It  dlone,*^     Ibid.  f.  92. 

'*  The  goods  even  of  the  individuals  in  their  totahty 
"  ought  to  be  conlidered  as  the  goods  of  the  nation^ 
"  In  regard  to  other  flutes.  From  an  immediate  con- 
"  fequence  of  this  principle,  if  one  nation  has  a  right 
"  to  any  part  of  the  goods  of  another,  it  has  a  rtglt 
"  indifferently  to  the  goods  of  the  citizens  of  thai  part^ 
"  //*//  the  dlfcharge  of  the  obligation^**     Ibid.  f.  81,  82. 

"  It  IS  not  always  necefiary  to  have  recourfe  to 
"  arms,  In  order  to  punlflo  a  nation  :  the  offended  may 
"  take  from  It,  ly  ivay  of  punj/hment,  the  privileges  it 
'**  enjoys  in  his  dominions ;  fel%e,  if  he  has  an  oppor- 
**  tunity,  on  fome  of  the  things  that  belong  to  it,  and  de- 
"  iah,  them  till  it  has  given  htm  a  jujl  fatlsfaSion^* 
B.  2.  c.  18.  f.  340. 

"  When  a  fovereign  is  not  fatlsfied  with  the  man- 
*'  ner  in  which  his  fubjedls  are  treated  by  the  laws 
**  and  cuftoms  of  another  nation,  he  is  at  liberty  to 

declare,  that  he    m^lll  treat  the  fuhjeds  of  that  na- 

tlon  in  the  fame  manner  that  his  are  treated,'^     Ibid. 

(4.)  It  has  been  faid  that  the  conftitution  ought 
to  be  preferved  fuch  as  the  people  have  made  it ;  that, 
of  courfe,  the  departments  of  government  ought  to 
be  kept  feparate  and  diftindl,  each  revolving  in  ''"  pro- 
per orbit  ;  and  that  no  other  judicial  tribunal  could  be 
eredled  by  a  law  of  the  leg'i/lative  power,  much  lefs 
by  a  treaty  of  the  executive  power,  than  what  the  con- 
flitutlon  prefcribes,  or  expref sly  permits. 

On  this  intcrefting  fubjeiS.  we  fortunately  poflcfK 

the  opinions  of  the  judges  of  the  fupr erne  court  and  of  the 

judges  of  fome  of  the  di/lrl^  courts  in  the  cafe  of  the 

aft  of  congrcfs  (already  more  than  once  alluded  to) 

O 


<( 


<( 


-.'^^^-'M- 


\-'- 


!t" 


C    146   ] 

Tu/jtch   they   unanlmoujly  adjudged  to  he   uncon/iitutlofud 
and  void.  \^^n- 

Extract  from  the  opinion  oi  judges  Iredell  atul 

SiTGRE/VVES. 

"  Fh^ ;  That  the  legiflatlve,  executive  and  judicial 
**  departments  are  each  formed  in  a  feparafe  and  inde- 
"  pendent  manner  ;  and  that  the  ultimate  bafis  of  each 
'**  is  the  Gonftitution  only  ;  within  the  limits  of  which 
^*  each  department  can  alone  jttftify  any  a8  of  authority. 

"  Secondly :  That  the  legiflature,  among  other 
^*  important  powers,  unqueftionably  poffefs  that  of 
**  eftablifliing  courts,  in  fuch  a  manner  as"  to  their 
**  wifdom  (hall  appear  beft,  limited  by  the  terms  of  the 
"^*  confiitution  only  ;  and  to  whatever  extent  that  power 
**  may  be  exercifed,  or  however  fevere  J:he  duty  they 
^*  may  think  proper  to  require,  the  judges,  when  ap* 
^*  pointed  in  virtue  of  any  fuch  eflabli/hmefit^  owe  ini* 
plicit  and  unreferved  obedience  to  it. 
"  Thirdly  :  That  at  the  fame  time  fuch  courts  can- 
not be  warranted,  as  we  conceive,  by  virtue  of  that 
part  of  the  conftitution  delegating  judicial  power^ 
for  the  exercife  of  which  any  aft  of  the  legiflature 
^*  is  provided,  in  exercifing  (even  under  the  authority 
of  another  aft)  any  power  not  in  its  nature  jW/V/V, 
or  Injudicial,  not  provided  for  upon  the  terms 

^*    THE   CONSTITUTION   REftpiRES. 

**  Fourthly ;  That  whatever  doubts  may  be  fuggeft- 
**  edj  whether  the  power  in  quejlion  is  propetly  of  a  JU' 
**  dicial  nature^  yet  inafmuch  as  the  decificn  of  the  court 
is  not  made  final f  but' may  be,  at  leaft,  fufpended  in 
its  operation  by  the  fecretary  at  war,  if  he  fhall 
have  caufe  to  fufpeft  impofition  or  miftake,  this 
fuhjedls  the  decifion  of  the  court  to  a  mode  of  revifion^ 
which  we  confider  to  be  unwarranted  by  the  conflitution : 
".For,  though  congrefs  may  certainly  eftablifli  in 
**  inftances,  not  yet  provided  for,  courts  of  appellate jurff- 
**  didion ;  yet,  fuch  courts  mujl  confijl  of  judges  iap" 
^'  to'mted  in  the  manner  the  con/litution  requires f  and 
*'  ho/ding  thiir  fjffues  by  no  other  tenure  that}  tbdt  ofthfir 


n 


<< 


ft 


(( 


<c 


M 


4< 


<( 


« 


C4 


<l 


^.■>r-x,ii' ■»«•." 


'<  good  behaviour  ;  by  which  tenure  the  office  of  fecre- 
*'  tary  at  war  is  not  held.  And,  we  beg  leave  to 
"  add,  with  all  due  deference,  that  no  dcctfion  of  any 
"  court  of  the  United  States  cany  under  any  circumjlances^ 
**  in  our  opiniony  agreeably  to  the  confiitulion,  be  liable  t6 
*'  a  reverJtoi\y  or  even  fuf^enftony  by  the  legiflature  itfelfy 
«'  in  whom  no  judicial  power  of  any  kind  appears  to; 
**  be  vefted,  but  the  important  one  relative  to  im- 
"  peachments."'      ;:,:;>■;  V"^*"'*'? ."  "/.■■  ■  '' . 

Extrad  from  the  opinion  of  judges  Wilson,' 
Blair,  and  Peters.        — ^         ^.'       ''  v 

"  The  people  of  the  United  States  have  vefted  in 
"  cpngrefs  all  legiflative  powers,  granted  in  the  con- 
"  ftitutlon.'  .      :. 

"  They  have  velted  in  one  fiiprieme  court,  and  in 
"  fuch  inferior  courts  as  the  congrefs  fhall  eflablifh, 
**  the  judicial  power  of  the  United  States. 

•*  It  is  worthy  of  remark,  that,  in  congrefs,  the 
"  whole  legiflative  power  of  the  United  States  is  not 
"  vefted  :  an  important  part  of  that  power  was  exer- 
"  cifed  by  the  people  themfelves,  when  they  "  ordain- 
*'  ed  and  eftabliflied  the  conftitution."  - 

"  This  conftitution   *^  is  the  fupreme  law  of  the 
"  land :"  This  fupreme  law,  "  all  judicial  officers  ol» 
**  the  United  States  are  bound,  by  oath  or  affirmation, 
**  to  fupport."    .  -,;      .    .      .- 

**  It  is  a  principle  Snpoitant'  to  freedom,  that  in 
"  government,  the  judicial  fhould  be  diftinft  from. 
**  and  independent  of,  the  legiflative  department.  To 
"this  important  principle  the  people  of  the  United 
"  States,  in  forming  their  conftitution,  have  manifeft- 
*'  ed  the  higheft  regard. 

**  They  have  placed  their  judicial  power,  not  in 
"  congrefs,  but  i«  *^  courts,'*  They  have  ordained,- 
"  that  "  the  judges**  q£  thofe  courts  fliall  hold  their 
*'  office?  "  during  good  behaviour ;"  and  that,  "  dur-  , 
"  ing  their  continuance  in  office,  their  falaries  fhall- 
"  not  be  diminiiliedv  .*.  , 


■..<* 


*'^%  I 


m^M 


^n 


-.;<k. 


«f - 


.-    V 


'\ 


i> 


I." 


,2 


.V..' 


is 


•n 


If:' 


C    148   ] 


i.» 


"  Congiefs  have  lately  pafled  an  a£l  "  to  regulate 
**  (among  other  things)    the  claims  to  invalid  pen- 


iions. 


i  .V. j.      *l't>LBv,.„ 


i.  ^.^ , 


**  Upon  due  confideration,  we  have  been  unani- 
"  mouliy  of  opinion,  that  under  this  adl,  ihe  circuit 
**  court,  held  for  the  Pennfylvania  diftrift,  could  not 
*  proceed : 

.>  **  Fir/l,  Becanfe  the  bufinefs  dire6^ed  by  this  aft  is 
"  not  of  a  judicial  nature.  It  forms  no  part  of  the 
**  power  v/^ied  by  the  conjlitutlon  in  the  courts  of  the 
**  United  States  ;  the  circuit  court  mull,  confcquently, 
**  have  proceeded  *without  conjlitutional  authority, 

'*  Secondly i    Becaufe,    if,   upon  that  bufinefs,    the 
•'court  had  proceeded ;    its    judgments   (for   its 
,  ^*  opinions  are  its   judgments)   might,    under  the 

**  SAME    act,    have  .BEEN   REVISED  AND  CONTROUL- 

*    **  ED    BY    THE    LEGISLATURE,    AND    BY    AN    OFFICER 

**  IN    THE    EXECUTIVE    DEPARTMENT.       Such   rev'tfion 

**  and  controul  ive  deemed  radically  inconjtjlent  with  the 

**  independence  of  that  judicial  power ^  which  is  ve/led  in 

**  the  courts;  and,  confequently,  with  that  important 

'   **  principle,  which  is  fo  ftridlly  obferved  by  the  con- 

,4*  llitution  of  the  United  States." 

Exti  aft  from  the  opinion  of  chief  juflice  Jay,  and 
judges  CusHiNG  and  Duane. 

"  The  court  were  unanimously  of  (pinion, 
"  Firjl,   That  by  the  conftitution  of  the  United 
J  **  States,  the  government  thereof  is  divided  into  three 
V  «*  difiinft  and  independent  branches;  and  that  it 

**  IS    THE    DUTY    OF    EACH    TO    ABSTAIN   FROM,    AND 
**  OPPOSE    ENCROACHMENTS    ON,    EITHER. 

i,      *^  Seco    ''v,  That  neither  the  legi/lative  nor  the  exe* 
**  cutive  ht    ichesy    can   conftitutionally  ailign  to  the 
^  *^  judicial  -*n)  duties,  but  fuch  as  are  properly  judicial, 
4jJ*  and  tf  be  performed  in  a  judicial  manner; 

"  TFrdly,  That  the  duties  afligned  to  the  circuit 
\     **  court  by  the  aft  in  queflion,  are  not  of  that  de- 
'  **  fcription  ;  and  that  the  aft  itfelf  does  not  appear  fo 
contemplate  them  as  fuch  j  in  as  much  as  it  fuhjeQs 


« 


C  149   3 


*<  ihe  declfions  of  thefe  courts ^  made  ptirfuant  to  thofe 
"  dultes^  firft  to  the  confideration  and  fufpenfion  of  the 
"  fecretary  at  war,  and  then  to  the.  revifion  of  the 
"  legiflature ;  whereas  by  the  constitution, 
"  neither  the  secretary  at  war,  nor  any 
«*  other  executive  officer,  nor  even  the  le- 
*<  gislature,  are  authorised  to  sit  as  a 
**  court    of   errors  on  the  judicial  acts  or 

"  OPIN**  ' 


OF    THIS    COURT* 


»' 


.  *."■■ 


Sach,  upon  the  whole,  are  "  The  FEAfVRES  of 
Mk.  Jay'^s   Treaty  J**     It  was  not  intended  to  pro-- 
trad  this  flcetch  of  them  to  fo  great  a  length  ;    and 
yet  more  circuniflances  are  recolledled,    that  might 
have  been  inferted,  than  could,  upon  a  fair  reconfide- 
ration,  be  retrenched.     If  it  ftiall,  in  any  degree,  ferve? 
the  purpofes  of  truth,  by  leading,  through  the   me- 
dium of  a  candid  invefttgation,  to  a  fair ,  honourable^ 
and  patriotic  dectjiony  the   defign  with  which   it   was 
write  ii  will  be  completely  accompliflied,  whether  ra- 
viFicATiON  or  RRjEcrioN,  ts  the  refuh. 

But,  before  the  fubjcft  is  clofed,  let  the  citizens 
of  the  union  be  warned  from  too  credulous  an  indul- 
gence of  their  prejudices  and  their  fears.     The  difcord- 
arnt  cry  of  party  is  loud  ;    and  the  phantoms  of  war 
affall  the  imagination  :  yet,,let  us  not  be  deluded  by 
ftratagcm,  nor  vanquifhed  by  terror.     The  queftion  is 
not  a  queftion  between  party  and  party,  but  betweenr 
nation  and  nation  :^ — it  is  not  a  queftion   of  war  or 
peace  between  military  powers;  but  a  queftioa,  of  po- 
licy and   intereft  between  commercial  rivals.      The 
fubjed.  is  too  momentous  to  be  treated  as  the  foot-- 
ball  of  contending,  fadlions  ; — it   appeals  from    the  • 
paffions  to  the  judgment ;    from  the  felfiftinefs.  ta  thc.t 
f^triotifoj.  of  every  citizen  ! 


^'»^%,w.'-'Sf 


■■ife'^ 


.,4.-f 


:-i--^m 


w 


That  the  Brltl/Jo  treaty ^  or  a  Brttl/b  *u;ar,  h  a  necefr 
fary  alternative^  will  be  more  fully  contr6vert6d,  if  the 
writer's  prefent'i..  entlon  of  delineating  **  The  Fea- 
tures OF  THE  Defence^*'  fhall  be  carried  into  efFe^^ 
But,  in  the  mean  time,  let  a  few  felf-evident  propo- 
iitions  contribute  to  relieve  t^e  public  mind,  from  the 
weight  of  that  ap;  ^ehenfion. 

1.  The  difpoJitioH  of  Great  Brit  am  ^  manifefted  by 
the  order  of  the  6th  of  November  1793,  by  the 
fpeech  of  Lord  Dorchefter  to  the  Indians,  and  by 
the  repeated  invafiona  made,  under  General  Simcoe's 
authority,  upon  our  territory,  ts  naturally  hcjlile  to  the 
United  States. 

2.  Even  if  the  United  States  could  by  any  means 
foothc    and  convert  that  difpofition   into  amity  and 
peace,  the  projeded  treaty  h  too  hig^      price  to  pay  for 
ftich  a  change, 

3.  The  refufal  to  enter  into  the  projefted  treaty 
with  Great  Britain,  is  not  a  jufl  canfe  of  war ;  and 
and  If  di  pretence,  only,  is  wanting,  it  may  be  found 
in  the  toails  at  our  feftivals,  as  well  as  in  the  a£is  of 
our  government. 

4.  But  the  ratification  of  the  treaty  will  affuredly 
give  umbrage  to  another  nation-^to  an  ancient  ally. 

5.  If  war  is  inevitable  either  tuith  great  Britain,  or 
with  France,  it  would  be  more  politic  for  the  ftatc, 
more  congenial  to  the  fentiments  of  the  people,  to  en- 
gage the  former,  than  the  latter,  power. 

6.  In  cafe  of  a  war  with  Great  Britain,  we  have 
afFurance,  that  France  wiH  aid  ut  with  all  the  energy  of 
her  triumphant  arms, 

7.  In  cafe  of  a  war  with  Fn^ncc,  we  ought  not  to 
count  upon  the  affeSions,  and  we  cannot  rely  upon  the 

wcr|  of  Great  Brttain,  to  befriend  hs^ 


'4 


.ijif . 


'-h-^<k 


"*  T"  J      ■■,'''  ' 

•ri    ^  From  the  Philadelphia  Gazette*     -' 


r_       »■  .<V 


jiV 


View  of  the  Commerce  of  the 

United  States. 

.  -  .'1 .      •  ^ 


^j  itjiands  at  prefeni^  and  as  it  is  fixed  bj. 

Mr.  Jafs  Treatyi^  » 

.'.4  5  I.  ylilual  Statf, 

AMERICAN  flilps  from  Europe  enjoy  a  protect- 
ing duty  of  lo  per  cent,  on  the  amount  of  du- 
ties on  goods,  wares,  and  merchandifes,  imported  in- 
to the  United.  States  in  foreign  bottoms  from  Europe, 
and  of  30  to  50  per  cent,  on  teas  imported  in  fo^f 
reign  bottoms  from  Aiia  or  Europe,  paid  by  foreign 
bottoms,  more  than  Is  paid  on  fuch  goods  Imported  in 
our  own  veflels.  Foreign  bottoms  pay  alfo  44  cents  a 
ton  on  eveiy  voyage,  more  than  is  paid  by  American 
(hipping  ;  all  which  had  been  allowed  by  the  Federal 
government,  to  encourage  American  fliip-builders, 
mariners,  mechanicis,  nierchantsi  and  farmers,  ic  ""^^ 
'    I.  Siate  by  Trtaty,  '■'  ^;J_^ 

By  treaty,  America  cedes  to  Great  Britain,  tfie 
right  of  laying  duties  on  our  fhips  in  Europe,  tlie 
Weft;  Indies,  and  Aii^,  to  countervail  thefe,  and  en- 
gages not  to  increafc  her  duties  on  tonnage  on  this 
fide,  fo  a*  to  check  the  cxercife  of  this  rigfht :  in  con- 
fequence  Britifh  fhips  may  be  put,  at  the  difcretlon  df 
the  Britifh  government,  on  cxadtty  the  fame  footing,  as 
American  fhips  in  the  carrying  trade  of  Europe  aiid 
Afia.  ^ 

•2.  ABual  Staie.    _  i 

American  fhips,  of  any  fize,  now  go  freely  to  all 
the  Britifh  Weft  Indies,  fell  their  cax^oes,  and  bring  rc« 
turns  a$  it  fuits  them. 


'I 


¥    "    '.t! 


I  »P    3 


I. 


2.  State  by  Treaty, 
By  tfeaty  American  (hips  are  to  be  reduced  to  J^* 
^enty  tons,  in  order  to  be  adniitted  in  the  Britifh  Wed 

t^..^     y-,..,  "^•^      ^.  jiaual State: '^y'^'''''^^''^ 
American  (hips  may  now  freely  load  melaffes,   fii- 
gar,  coffee,    cocoa,   or  cotton,  to  any  part  of  the 
world  from  the  United  States.  >' 

4*  3.  Stately  Treaty.  .    ^K 

By  treaty  American  fhipa  are  to  be  totally  pro- 
hibited this  commetce,  which  is  to  be  carried  on 
under  any  flag  but  theirs.  ,      * 


^iti 


'%-:ii3    'iC- 


■."■'i 


i  •<■■  .i^?  -v.  r 


A 


!..:■■■  4.  jiSiual  State,       '"'""'M^'  f'^^l 

American  citizens  can  now  go  fupcrcargoes  tolh- 
^la,  fettle  and  refide,  and  do  their  buAnefs  there. 

V  •      uv    ,       4.  State  by  Treaty,  ;,       . 

,  By  treaty  no  American  citizen  can  fettle  or  refidc 
in  thefe  ports,  or  go  into  the  interior  country,  with- 
out fpecial  llcenfe  from  the  local  governmen .,  who 
may,  under  colour  of  this,  impofe  what  obilacles 
they  pleafe  to  the  commerce..  ^ 


ri-: 


;     1;        5.  ABual  State,  ..,.,/' 

America  now.  enjoys  the  right  of  regulating  com. 
•merce,  fo  as  to  encourage  one  nation  and  difcourage 
another,  in  proportion  to  benefits  received^  or  injuries 
.felt  refpedliyely. 

.^  5.  State  By  Treaty,-. 

I  All  this  abandoned  by  the  treaty  fo  fir  as  ref- 
pedts  Great  Britain  ;  no  duties  can  be  laid  on  BritiiH 
goods  bi^  what  muft  apply  to  all  other  nations  from 
whom  we  import  goods — no  embargoes  on  exports  to 
Britifli  ports  but  what  muft  apply  to  all  nations  alike. 

American  (hips  now  freely  navigate  to  the  Britifli 
dominlpi^s  in  Indla^  and  from  th^ce  proceed  with 
cargoes  to  any  part  of  the  world*  • 


"  i<;. 


^'Jr^.i4_^A-'    , 


^f.. 


6.  5'/^^  /y  Treaty, 

^  By  trfnty  American  fhips  are  admitted  as  ufual  into 
the  Britlfh  ports  of  India,  but  prohibited  carrying 
any  return  cargoes  except  to  the  United  States ;  pro- 
hibited alfo  from  the  coalling  trade  in  the  Britiih  ports 
of  India,  from  which  they  were  not,  that  I  knew  of, 
before  excluded. 

7.  A8ual  State.  '■'" 
Timber  for  (hip-building,  tar,  oi-  rofm,  copper  in 

flicets,  fails,  hemp,  cordage,  and  generally  whatever 
may  ferve  dirsdlly  to  the  equipment  of  vefTels,  not 
contraband  by  former  treaties  of  the  United  States. 

7.  State  by  Treaty, 

All  thefe  articles  made  contraband  by  this  treaty.  - 

8.  Jaual  State,  *'^' 
American   fhips   carrying  provifions,    by  America 

claimed  as  having  a  free  right  of  paflage  to  the  ports 
of  their  deftination. 

8.  State  hy  Tnaty,  ^  •'^'^ 
This  claim  now  apparently  waved  ;  fuch  American 

/liips,  when  taken,  to  be  allowed  indemnity  of  freight, 
demuiTage,  and  a  reafonable  mercantile  profit,  the 
amount  wheregf  not  afceitained. 

;  *- '  "         ;       -  9.  Jaual  State.      '      '  \   - 

American  ports  open  to  prizes  made  on  Britain  by 
France  ;  and  America  poffefTed  of  the  liberty  to  grant 
fimllar  douceui*s  to  other  nations,  as  (he  fees  fit  In  f^ 
ture  compadls  with  them.  '-       '4 

.■'■■"'  9.   State  by  Treaty. 

American  ports  now  opened  to  prizes  taken  by 
Britain  from  any  nation  except  France,  but  fhut  td 
prizes  taken  from  Britain  by  Spain,  or  any  othc* 
power  not  favored  in  this  way,  by  treaties  already 
made ;  of  courfe  difcouraging  to  our  future  negocia- 
tions  with  all  powers,  FraiKe  and  Britain  excepted.  * 


'"  li 


1  . 

>     ■ 


1 


::)i 


l« 


C     >54    J 


"iu 


vr 


.li>^ 


10.  A^iial  State. 
American  (hips  allowtd  at  prefent  freely  to  enter 
Briti/h  portt  in  £urope»  the  Weft  Indiei  and  Ada^ 
but  (hut  ou^  from  the  fea  ports  of  Nova  Scotia  and 
Canada.  ^    . 

10.  Siate  by  Treaty, 

American  (hips  allowed  to  go  into  thefe  ports,  but 
under  new  reftnd^ions  of  fize,  in  the  Weft  Indies, 
and  of  latitude  of  trade  in  the  Eaft  Indies ;  the  ports 
of  Halifax,  Quebec,  &c.  ftill  /hut  to  America. 

n.  j^aual  State. 
American  fhips  thus  partially  allowed  entrance  into 
Britifli''ports. 

11.  State  by  Treaty. 

Britifh  fhips  allowed  univerfal  entrance  into  all  our 
ports. 

12.  j^^ual  State.     '"^ 

American  fliips  now  fail,  though  not  under  naval 
protedlion,  under  guarantee  of  all  the  Britifh  effedls 
pofleiTed  here,  which  might  be  made  anfwerable  for 
our  floating  property,  if  unjuftly  felzed  on  by  Great 
Britain  in  cafe  of  a  war,  fo  much  apprehended  by  the 
chamber  of  commerce  of  New  York.  ^ 

12.  State  by  Treaty. 

By  treaty,  American  fhips  deprived  of  this  gua- 
rantee ;  fequeftrations  or  confifeations  being  declared 
impolitic  and  unjufi,.  when  applied  to  ftocks,  or  banks, 
€^  debts;  though  nothing  faid  about  tliem  when  ap- 
plied to  fhips  or  cargoes.  _  j' 
V  13.  J^aual  State.  "'"'^■r 
.  Britifh  debts  now  recoverable  in  the  federal  courts 
of  the  United  States,  but  repoiing  on  the  folvency  of 
Ihe  debtors  only. 

V  ^: )«  .*.  ::     13,  State  by  Treaty. , 

.By  treaty  a  new  court  of  conmjiflioners  opened  on 
this  fubjed^,  with  immenf<?  pQwer  and  guarantee  of 
the  United  States,  who  muft  meet,  indeed,  at  Philadel- 
phia, but  mfiy  adjourn  where  they  pleafe.     Nothing 


{     '5?    3 


i  t  V 


Bntifh   pri% 


^ald  of  debts  due  to  Americans  in  England,  If  by  legal 
impediments  prevented  from  recovery  there,  ^    .gj  t, 

14.  Atfual  State,  >  ^  tj* 
America  fcnda  Mr.  Jay  to  recover  rcdrcfs  for  fpoli* 

ations  on  our  commerce  a£tually  fudained. 

14.  State  by  Treaty* 
By  treaty  a  court  of  commiflioners  opened,  wbo 
are  to  fit  in  London  without  power  of  adjournment» 
as  in  the  cafe  of  the  commilTion  for  debts.  Ameri- 
cans muft,  therefore,  tranfport  themfelves  and  claims 
to  London,  and  employ  cDunfel  there,  to  recover 
what  the  coramiflioners  'hall  think  fit  to  allow  them : 
admirable  compenfation  indeed! 

15.  Aaua!!  Sta'c. 
American    (hips    much    pla^.:cd    b 

Vateers. 

■''  ^  l^^ftaiihy  Treaty, 

By  treaty  the  privateerfmt  n    ire  to   give    1500!^ 
to  3000I.  fterling  fecurity  for  cheir  good  behaviour, 

16.  Aaual  State, 

Americati  citizens  -may  now  expatriate  and  ferve  la 
foreign  countries. 

16.  State  by  T/eiity, 
By  treaty  they    are   declared   pirates,    if  ferving 
againfl:  Great-Britain  ;  but  no  provifion  made  to  guard 
American  fcamen  from  being  forced  to  ferve  in  Britiih 
ihips.  ^ 

„..    ,^  .#  "''t7.  AHual  State,  ', 

America  poffefles  claims  to  a  large  amoimt  on  ac* 
count  of  negroes  carried  oiF,  and  the  Weftern  Pofts , 
detained,  in  violation  of  the  treaty  of  1783, 

I'].  State  by  Treaty, 
Thefe  claims  all  waved  by  the  treaty,  without  refe* 
rence  to  the  merits  of  thefe  pretenfions.  ^ 

The  calling  up  of  the  above,  is  fubmittcd  to  the 
Chamber  of  Commerce  of  New-York. 

Ert*ors,  otitllandlngs,  and  omifllons  exceptedk 
^''  Philadelphia,  July  27,  1795* 


:  :>. 


f  v-T'  ■;  ;••>  y 


M  .i'ii, 


"i  f»' 


HESOLUTiONS 


,.%i* 


t,>»vi  *W.'.  *'v-*  ..*»«k-.6,."  .' 


^  /i^  Citizens  of  Bofion,  at  a  Meeting  legally  conveii 
,      ed  by  the  fekdmetif  on  the  Iph  of  July  y   1795,  ref- 
peBing  the  Treaty  lately  concluded  ietiveen  Lord  Grea* 
*vilh    i'xd  Mr.  Jay,  ^v.      ^  ^;. 

RESOLVED,  as  the  fenfe  of  the  inhabitants  of 
this  town — That  the  aforefaid  inftrument,  if  ni' 
tilled,  will  be  highly  injurious  to  the  commercial  inte- 
refts  of  the  United  States,  derogatory  to  their  nati- 
onal honor  and  independence,  and  may  be  dangerous 
to  tlie  peace  and  happinefs  of  their  citizens,  ^^t^fi'-i; 
The  reafons  which  have  induced  this  opinion  are  as 
.^ follow,  «!;/«.         ^       u-^^i  i- 'p-mrv^!;^-^ 

I.  Becaufe  this  compaft  profeffes  to  nave  no  refer- 
ence to  the  merits  of  the  complaints  and  pretenfions 
of  the  contradling  parties  :  but  in  reality  the  com- 
plaints and  pretenlions  of  Great  Britain  are  fully  pro- 
vided for,  while  a  part  only  of  thofe  of  the  United 
States  have  been  brought  into  confideration. 
•^  2.  Becaufe,  in  the  flipulation  which  furrenders  our 
polls  on  the  wellern  fiontler,  no  provifion  is  made  to 
indemnify  the  United  States  for  the  commercial  and 
other  lufles  they  have  fuftalned,  and  the  heavy  qx- 
penfcs  to  which  they  have  been  fubjefted  in  confe- 
quence  of  being  k  pt  out  of  polfeffion,  for  twelve 
years,  in  diredl  violation  of  the  treaty  of  peace. 

3.  Becaufe  no  indtmnification  is  to  be  made  to  the 
citizens  of  the  United  States,  for  property  taken  from 
them  at  tlie  clufe  of  the  war,  the  reilitution  of  which 
\s  provided  for  in  the  fame  treaty. 

'  ^    44   Becaufe  the  capture  of  veffels  and  property  of 
the  citizens  of  the  United  States,  made  under  the  aii- 

*     thority  of  the  government  of  Great  Brita'ti,  is  a  na- 
tional concern,  and  claims  arifing  from  fuch  captures 

,     ought  not  to  have  been  fubmitted  to  the  decifiou  of 

J  ..their  admiralty  courts,  as  the  United  States  are  there- 


'"t  ir^.A  !■"!(     %    ^' 


,  J  J,. . 


':%<  J'^';  ■:;'.<<!' 


t    »5?     ] 

\ff  ptccluded  from  having  a  voice  m  the  final  deter* 
mination  of  fuch  Cafes.  '        '  " 

And  becaufe  the  indemnification  propofed  tp  ht 
made,  is  to  be  fought  by  a  procefs,  tedious  and  ex- 
pienfive,  in  which  juftice  may  ibe  delayed  to  an  unrea- 
fonable  time  j  and  eventually  loft  to  many  of  the  fuf- 
ferer&,  from  their  inability  to  purfue  it;  and  becaufe 
this  mode  of  indemnification  bears  no  proportion  to 
the  fummary  method  adopted  for  th^  fatisfaftion  of 
BritiOi  claims.      -      ..^.ij. .  ;    ^      .        >^^  >•    -t^^tvht 

'■■■  5.  Becaufe  this  compaft  admits  Britifli  fubjefts  to 
an  equal  participation  with  our  own  citizens,  of  the 
interior  traffic  of  the  Dnited  States  with  the  neigh- 
bouring Indians,  through  our  whole  territorial  domi- 
nions ;  while  the  advantages  oftenfibly  reciprocated  to 
our  citizens,  are  limited  both  in  their  ^nature  and  ex- 


■  fs- 


tent. 

6.  Becaufe  the  alien  duty  upon  merchandife  im- 
ported into  the  United  States  by  Britifh  fubjefts,  in 
their  own  bottoms,  is,  if  not  wholly  fufpended,  at 
leaft  contra6ied  not  to  be  increafed.  -     ,  ;; 

7.  Becaufe  the  commerce  we  have  hitherto  enjoy- 
ed in  India,  in  common  with  other  nations,  is  fo  re- 
flrifted,  that  in  future  it  will  be  of  little  or  no  fub- 
ftantial  benefit  to  our  citizens.  "'■:■  \ 

8.  Becaufe  in  every  flipulation  refpet^ing  our  inter- 
courfe  with  the  colonial  polfeffions  of  Great  Britain^ 
the  whole  commerce  of  the  United  States,  in  fuch  in- 
tercourfe,  is  colonized  in  return.    .  ^v; 

^  9.  Becaufe  the  claufe  by  which  the  Britilh  govern- 
ment referves  to  itfelf  the  right  of  impofing  on  Ame- 
rican veffels,  entering  Britifh  ports  in  Europe,  a  duty 
which  (hall  countei'vail  the  difference  of  the  duty 
payable  on  the  importation  of  European  and  Afiatic 
goods  into  the  United  States  in  Britifh  or  Ameri- 
can bottoms,  places  it  in  the  power  of  that  govern- 
ment to  enable  Britifli  fubjeds  to  become  the  import* 
ers  of  Afiatic  and  European  goods  into  the  United 
States,  to  the  exclufion  of  our  own  citizens. 


k% 


!    ... 


C    158   3 


;  10.  Becaufe  although  the  terms  of  faid  treaty  pu^ 
•port  to  be  reciprocal  in  many  inftances,  yet  from  the 
'  local  fituation,  and  exifting  circumftances  of  the  Unit- 
ed States,  and  the  pacific  fyftem  of  policy  they  have 
adopted,  that  reciprocity  is  merely  nominal  and  de- 
luiive. 

II.  Becaufe  it  prevents  the  United  States  from 
impofing  any  further  reftriftions  on  the  Britifh  trade 
alone. 

And,  becaufe  it  is  llipulated  Xh^t  neither  the  debts 
r!ue  from  individuals  of  one  nation  to  individuals  of 
xhe  other,  nor  fhares  nor  monies  which  they  may  have 
in  the  public  funds,  or  in  any  public  or  private  banks, 
fhall  ever  in  any  event  of  war  or  national  differences, 
be  fequeftered  or  confifcated. — It  is  far  from  being 
2mpoflible  that  the  exercife  of  this  right  may  in  the 
opinion  of  the  national  legiflature  contribute  to  pre- 
ferve  the  peace  of  our  country,  and  protedl  the  rights 
and  property  of  the  citizens  from  violation,  we  there- 
fore efteem  it  highly  impolitic  that  the  public  faith 
Ihould  be  pledged  that  it  fhall  never  be  cxercifed  un- 
der any  circumftances  whatever. 

,  1 2.  Becaufe  it  concedes  a  right  to  the  Britifh  go- 
vernment to  fearch  and  detain  our  vefTcls  in  time  of 
war,  under  frivolous  and  vexatious  pretexts. 

13.  Becaufe  it  agrees,  that  fhip-timber,  tar,  hemp, 
fails  and  copper,  fhall  be  confidered  contraband  of 
vv^ar,  which  articles  are  exprefsly  flipulated  to  be  free 
by  the  treaties  already  fubfifling  between  the  United 
States  and  all  other  nations,  with  whom  they  are  in 
coHipaA. 

14.  Becaufe  it  furrenders  all  or  mofl  of  the  bene- 
fits of  a  commercial  nature,  which  we  had  a  right  to 
expe6^  from  our  neutrality  In  the  prtfent  war. 

i^,  Becaufe  it  precludes  the  hope  of  receiving  a- 
ny  advantage  from  the  modern  law  of  nations,  refer- 
jfd  to  in  the  prefident^s  proclamation  of  neutrality ; 
^dopted  by  mofl  of  the  nations  of  ^Europe,  in  thelait 


**'' 


}i : 


»»."• 


■'■'•SL 


%. 


;^^  ;',.':#  i4*.vJ'>.r 


C    159    J 


war,  and  which  we  then  acceded  to  and  have  fecured' 
in  our  treaties  w'th  all  other  nations. 

i  G  Becaufe  it  not  only  furrenders  the  right  of' 
catiying  the  property  of  any  nation  at  war  with  Great' 
Britain,  in  our  veffels,  freely  ;  but  abandons  all  preten-^ 
fions  even  to  the  freight.  '■  ^"-•• 

17.  Becaufe  it  permits  the  Britifh  nation  to  coai-- 
vert  provifions,  delllned  to  other  nations  at  war  with 
them,  to  their  own   ufe,  on  payment  of  what  they 
may  deem  reafonable  profit — a  meafure,  not  only  in- 
jurious to  the  intereft  of  the  American  merchant,  but 
which  will  prevent  our  citizens  from  carrying  thofe* 
fupplies  to  other  countries,  which,  by  the  laws  of  na- 
ture and  nations,  they  have  a  right  to  do,  without  . 
moleftation. 

18.  Becaufe  ft  limits  the  power  of  congrefs,  de*  - 
Ieg?-tcd  to  them  by  the  conflitutlon,    *'  to  regulate^  ' 
our  commerce  with  foreign  nations,**    by  prefcrlbing 
conditions,  and  creating  impediments  to  the  exercife 
of  that    "power."  K  r       ;i^  .2     ??; 

19.  Becaufe  it  expofes  the  United  States  and  their 
commerce  to  fimifar  embarraffments  froiji  othei;.  com-  - 
mercial  nations,  all  of  whom  will  probably  regulate  : 
our  trade  by  this  partial  ftandard. 

-   Andlaftly— 

Becaufe,  in  the  opinion  of  the  inhabitants  of  this 
town,  the  nature  and  extent  of  the  exports  of  the  U- 
nited  States  are  fuch,  that  in  all  their  lllpulations  with 
foreign  nations  they  have  it  in  their  power  to  fecure 
a  perfect  reciprocity  of  intercourfe,  not  only  with  the 
home  dominions  of  fuch  nations,  but  with  all  their 
colonial  dependencies. 

It  is  further  resolved— *-Th at  a  copy  of  the  forego* 
ing  proceedings,  attefted  by  the  town-clerk,  be  imme- 
diately tranfmitted  to  the  prefident  of  the  United 
States,  that  they  may  be  refpe6l fully  fubmitted  to  his 
confideration.  And  we  earneftly  hope,  and  confi- 
dently rely,  that  his  prudence,  fortitude  and  wifdom, . 
which  have  more  than  once  been  eminently  inllrument- 


ws 


ci-Ji 


.<  ■( 


m 


C     i6o    ]  ^     * 

al  HI  the  falvation  of  his  country,  will  be  equally  con- 
fpicuous  on  the  prefent  occafion  ;  and  that  the  rea- 
fons  we  have  afligned  will  have  their  influence  to  in- 
duce him  to  withhold  his  lignature  from  the  ratifica-. 
tion  of  this  alarming  inftrument. 

On  motion  of  Mr.  Auftin,  a  vote  of  thanks  was 
pafled  to  Stephens  Thompfon  Mafon,  one  of  the  fe- 
nators  for  Virginia,  for  his  patriotifm,  in  publifhing 
the  treaty,  which  had  afforded  the  town  an  opportu- 
nity of  ufing  their  exertions  in  endeavouring  to  pre- 
vent the  ratillcation  of  an  inftrument  fo  evidently  per- 
nicious to.  the  interefta  of  our  nation  at  large. 


'-X,--- 


..<•.<..♦ 


ADD 


R    E 


;1Vh^^-'#;'1>^ 


B>.>.>>' 


S     ^  K^'Mh^i'%:' 


Ofthe  Chizens  of 'Portsmouth  (NewHampihire)  <3^r^^^ 
upon  at  a  Meeting  held  the  I'jth  of  J^uly,  1795.      ^ 


»t«>...V-!,    .,•.'1!- 


To  George  Washington,  Prefident  of  the  United 

States  of  America.  ,,  o    ' , 

CONVINCED  of  your  inviolable  attachment 
to  the  intereft  and  happlnefs  of  the  flates  over 
which  you  prefide,  and  your  readinefs  on  all  occafions 
to  attend  to  the  juft  complaints  of  the  people— We, 
the  citizens  of  Portfmouth,  conftitutionally  affembled 
in  public  town  meeting,  to  fignify  our  opinions  rela- 
tive to  the  treaty  between  Great  Britain  and  the  U- 
nited  States  of  America,  confeoted  to  by  a  majority 
of  the  fenate,  and  recommended  for  your  ratification, 
having  taken  the  fame  into  our  moft  fewous  confider- 
ation,  beg  leave  to  exprefs  our  mofl  hearty  difappro- 
bation  thereof — for  the  following  general  reafons,  viz. 
I.  Becaufe  that  part  of  the  treaty  of  1783,  fecur- 
ing  the  payment  of  debts  due  to  Britifli  fubje<^s,  is 
rigoroufly  enforced ;  while  an  important  article  in  the 


r.*-;- M?  Si'r'f  y«'^^  "TT  "' 


fame  treaty,  requiring  compsnfation  for  negroes  and 
other  property  unjuftly  removed,  is  placed  wholly  out 
of  view. 

2.  Becaufe  the  9th  article  confers  a  privilege  on 
Britifh  fubjefts,  which,  though  expreffed  in  terms  re- 
ciprocal, yet  from  the  different  circumftances  of  the 
two  nations,  not  only  wants  an  equivalent,  but  is  a 
dired\  invafion  of  the  rights  of  individual  ftates. 

.  3.  Becaufe  the  bonds  required  of  commanders  of 
privateers,  are  wholly  inadequate  to  the  purpofe^  for 
which  fuch  provifion  was  made.  i; 

4.  Becaufe  the  regulations  of  trade,  commerce  and 
navigation,  between  the  two  parties,  contained  in  the 
3d,  I3thi  15th  and  17th  articles,  hold  out  the -moil 
decided  advantages  to  Britifh  fubjefts,  and  muft  in 
their  operation  prove  deilrudllve  to  American  com-^ 
merce  and  navigation.-  v.-r:-  ^^.: i.  ■^-imvv^.-T  m  ■  ■>.  »v  x' ■f\ 

5.  Becaufe  by  the  i8th  article,  many  articles  of 
export  are  admitted  as  contraband  of  war,  which,  by 
our  treaties  with  France,  Holland  and  Sweden,  are 
declared  free ;  by  which  means  a  difpofition  to  aid  the 
Britifli  in  the  deftruftion  of  the  natives  of  thoie  nati-^ 
ons  is  fairly  implied.. 

6.  Becaufe  all  the  efifentlal  advantages  refultlng  to 
the  United  States  from  a  ratification  of  the  treaty  are 
fuch  as  they  have  a  right  to  demand  either  by  virtue 
of  the  treaty  of  1783,:  or  from  the  principles  of  com- 
mon juflice,  while  many  important  privileges  are  al- 
lowed the  Britifh,  without  a  counter  part, 

Thusj  fir^  we  have  flated  a  few  of  the  many  objec- 
tions that  might  be  oppofed  to  the  treaty  ;  we  forbear 
entering  into  a  more  particular  detail,  as  it  would  pro- 
bably be  a  repetition  of  thofe,  which  we  prefume. 
mufl:  flow  in  to  you  from  every  quarter,  as  the  guar- 
dian ard  protestor  of  our  rights  and  liberties,  and. 
who  alone  in  the  prefent  inflance  can  avert  the  many, 
evils  that  threaten  our  ruin. 

P  2 


# 


;  iff 
1;: 


I ''™ 


C    162    2 

We  therefore  moft  fervently  requeft,  that  the  trea- 
ty between  Great  Britain  and  the  United  States,  may 
not  receive  your  ratification  until  it  undergo  fuch  al- 
terations as  Ihall  render  it  conducive  to  the  intereft, 
honour  and  lafting  peace  of  our  country.  a  tri^m^' 


.'*'/■'■ 


..<..<v4 


>.>....<- 


RESOLUTIONS 


ft'-Wv 


•  It'*; 


0/  the  Citizens  of  New  York,  agreed  upon  at  a  Meeting 
V    ^     held  on  Monday  the  loth  of  Jftdy,   1795. 

RESOLVED,  as  the  fenfe  of  this  meeting,  That 
the  treaty  lately  negociated  between  this  coun- 
try and  Great  Britain,  in  the  particulars  herein  after 
mentioned,  is  injurious  to  the  agriculture,  manufac- 
tures, and  commerce  of  the  United  States,  derogato- 
ry from  their  national  honor,  and  dangerous  to  theii* 
welfare,  peace,  and  profperity^ 

1.  In  terminating  the  differences  between  the  tw6 
countries,  without  reference  to  the  merits  of  their  ref- 
pe^tive  complaints  and  pretenfions,  the  vague  and  ill- 
founded  claims  of  Great  Britain  are  placed  upon  the 
fame  footing  as  the  numerous,  important,  and  jull  de- 
mands of  the  United  States :  and  while  the  former, 
unfupported  as  they  were,  are  amply  provided  for, 
many  of  the  latter  are  either  entirely  overlooked,  or 
placed  upon  a  footing,  from  which  no  adequate  re- 
drefs  or  compenfation  can  reafonably  be  expedted. 

2.  As  his  Britannic  majefty  is  bound  by  the  tieaty 
of  peace  to  withdraw  his  garrifons  from  the  United 
States  with  all  conveivient  fpeed,  it  was  unjuft,  aft^r 
twelve  years  delay,  to  allow  above  eighteen  months 
longer  to  complete  an  evacuation  which  might  be  car- 
ried into  efFeft  in  a  few  weeks. 

3.  As  no  enumeration  is  made  of  the  pofts  and 
places  from  which  the  Britifh  troops  are  to  be  with- 
drawn, but  generally  from  the  boundary  lines  affign- 


(     ««53     ) 

» 

ed  by  the  treaty  of  peace ;  and  as  it  appears  by  tbc 
fame  inftrument  that  thefe  boundary  lines  are,  in  part,, 
at  leaft,  to  be  adjufted  hereafter,  it  is  highly  probable 
if  fuch  adjuilnnient  does  not  take  place  by  June,  1796, 
that  It  will  be  made  an  excufe  for  detaining  the  pofta 
yet  longer.  Belides,  by  placing  at  fo  great  a  diftance 
the  contemplated  evacuation,  it  is  alfo  much  to  be 
feared,  that  an  immediate  peace  in  Europe  will  induce 
Great  Britain  to  difregard  this  ilipulation  altogether. 

4.  All  fettlers  and  traders  within  the  precindife  or 
jurildiftions  of  thefe  pofts,  may  remain  there,  or  re- 
move with  their  effe^s  ;  they  cannot,  however,  be 
compelled  to  become  citizens  of,  or  to  take  the  oath, 
of  allegiance  to  the  United  States  ;  but  they  may  do 
fo  if  they  think  proper,  and  they  fhall  maka  and  de- 
clare their  elcAion  within  one  year  after  the  evacuati- 
on. And  all  perions  who  continue  there  after  the  ex- 
piration of  a  year  without  having  declared  their  inten- 
tion of  remaining  fubjedb  of  his  Britannic  majelly, 
fhall  be  confidered  as  having  ek£led  to  become  citi- 
zens of  the  United  States.  Hence  it  appears,  that 
all  the  fettlers,  if  they  aiTive  but  the  day  before  the 
evacuation,  will  be  entitled  to  become  American  citi-* 
zens,  contrary  to  the  a£k  now  in  force  refpcdling  na-v 
turalization,  and  contrary  to  the  conftitution  of  the 
United  States,  under  which  that  a^  was  palled  ;  or  if 
they  prefer  to  continue  under  their  prefent  allegiance, 
we. may  have  a  Britifh  colony  in  the  heart  of  our 
country.  *^ 

5.  Although,  his  Britannic  majeily  agrees  to  fur-- 
i*ender  the  pofts  within  our  boundaiy  lines,  no  provl* 
fion  is  made  for  the  heavy  loffes  and  expenfes  which 
have  been  incurred  by  the  United  States  in  confe- 
quence  of  their  pad  detention.  Among  the  former,, 
may  be  included  a  long  deprivation  of  an  extenfive  and 
valuable  territory,  and  of  a  lucrative  branch  of  trade. 
Among  the  latter,  the  burdens  which  have  been  im- 
pofed  upon  our  citizens  to  fupport  a  ruinous  and  ex« 
penfive  Indian  war — to  fay  nothing  of  the  lives  which 


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tills  detention  has  coft  the  United  States  of  American 
6.  By  the  treaty  of  peace,  Great  Britain  was  to 
caufe  no  deftru£lion,  nor  to  carry  away  any  negroes, 
or  other  American  property.  In  dire6l  violation  of 
this  promife,  feveral  thoufand  negroes  were  carried  off 
long  after  the  treaty  was  known.  Many  of  thofe  ne- 
groes were  regiftered  with  a  view  to  future  compcnfa- 
tion.  The  claim,  on  this  account,  which  amounted 
to  at  lead  two  millions  of  dollars,  although  hitherta- 
a  matter  of  extreme  folicitude  with  America,-  has  not 
only  been  abandoned  and  configned  to  oblivion,  but 
Great  Britain  is  thereby  juftified  for  her  inexecution 
of  the  treaty  of  peace,  and  an  indelible  ftain  is  fixed^ 
upon  our  national  faith  ;  nor  is  any  provifion  made  for- 
leaving  in  thofe  garrifons,  the  American ,  artillery,  a-, 
grecable  to  the  treaty  of  peaces  i^  ';^l'f*r 

»*  7.  Many  of  our  feamen  have,  during  thd  prefent? 
war,  been  imprefled  into  the  Englifh  fcrvice,  and' 
compelled  to  engage  on  board  of  fhips  of  war  or  pri-; 
vateers,  again {V  a  nation  con ne£led  with  us  by  atreatyt 
of  alliance.  .  Although  this  grievance  was  univerfall)': 
known  and  reprobated,  the  aggreflion  is  paiFed  over- 
in  filence,  nor  is  even  care  taken  to  guard  againft  the> 
repetition  of  fo  atrocious  an  outrage.  . 

8.  While  the  fubje£is  of  Great  Britain  arc  admit-" 
ted  into,  and  have  the  ufe  of  all  the  rivers,  ports,  and 
places  within  the  United  States, '  our  citizens  are  ex- 
cluded from  a  reciprocal  ufe  of.  thofe  withia  the  Bri-' 
tifh  territories  in  North  America,  by  reafon  of  whicb 
inequality,  it  IS  probable,  the  whole  of  the  fur  trade 
will  continue  in  the  hands  of  Britiih  traders.  44 

9.  No  duty  is  ever  to  be  laid  by  either  party  oil 
peltries  brought  by  land  or  inland  navigation.  From 
this  article  Great  Britain  alone  will  derive  an  advan- 
tage ;  for,  as  the  claufe  which  regulates  the  interior 
traffic  and  inland  navigation  of  this  country  is  con- 
ftrufted,  and  taking  into  confideration  the  nature  and 

•extent  of  the  limitations  on* the  fide  of  America,  it 
maybe  expected  that  confiderable  quantities  of  this 


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article  will  be  carried  by  Britifh  traders  through  the 
United  States,  while  little,  if  any,  will  be  carried  by 
our  citizens  through  the  Britifli  territory. 

10.  As  it  appears  from  the  correfpondence  between 
Mr.  JefFerfon  and  Mr.  Hammond,  that  no  lawful  im- 
pediments exill  in  any  ftate,  to  the  recovery  of  Bri- 
tifh debts  contraAed  before  the  peace  ;  it  was  not 
only  improper,  but  a  refle<ftion  on  our  public  faith, 
to  make  any  provifion,  contrary  to  the  ordinary  way 
of  judicial  proceeding,  for  afcertaining  the  compenfa- 
tion  due  to  this  defcription  of  creditors.  Moreover, 
if  this  claufc  is  carried  into  effedl,  the  burden  of  pay- 
ing thefe  debts  will  be  fhared  very  unequally  by  the 
United  States.  Thofc  of  them,  whofe  citizens  have 
paid  their  Britifh  creditors,  will  be  bound  to  contri- 
bute to  the  payment  equally  with  thofe  whofe  citizens 
are  delinquent,  if  any  fuch  there  be  ;  whereas,  by 
purfuing  the  common  legal  remedy,  the  debtor  alone 
would  be  fubje£l  to  the  burden.  Nor  is  the  execu* 
tive  conceived  to  be  competent  to  pledge  the  Unit- 
ed States  to  pay  the  fum  awarded  by  the  commlffion- 
ers  who  are  to  liquidate  thofe  claims  ; — the  conftitu- 
tion  having  exprefsly  declared,  that  na  money  fhall  be 
drawn  from  the  treafury,  but  in  confequence  of  ap- 
propriations made  by  law,  by  which  it  is  prefumed 
mult  be  intended  an  a£i  of  the  leglflature,  not  a  trea- 
ty of  commerce.  -.Mm^ 

1 1.  The  claims  of  American  citizen?  for  loffes  fuf- 
tained  by  reafon  of  illegal  captures,  are  to  be  taken 
into  confideration  at  too  great  a  diftance  of  time,  and 
are  placed  upon  a  footing  too  precarious  to  expe6t  any 
compenfation.  It  appeal's  evidently  to  have  been  the 
policy  of  Great  Britain  to  procraftinate  the  fettle- 
ment  of  all  her  diffei'ences  with  America,  until  fhe  was 
at  peace  with  France  ;  and  it  has  excited  general  re- 
gret, that  ihe  has  been  fo  fuccefsful  in  this  part  of  her 
negociation.  It  was  expeded,  that  the  American 
envoy  was  charged  to  demand  fatisfadion  from  the  Bri- 
tifh government,  among  othcc  things,  particularly  foe 


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their  wanton  and  unjuft  depredations  o'  our  com- 
merer.  Tliefe  fpoliations  being  made  in  virtue  of  or 
ders  ifliied  by  the  king  in  council,  and  being  mani- 
feftly  illegal  and  unjutt,  reftitution  became  a  national 
concern.  It  was  well  known^  that,  by  the  ordinary 
courfc*  of  proceeding  in^  the  admiralty,  compenfation 
could  not  be  obtained  for  n^ational  injuries — ^Yet,  in- 
ftead  of  infifting  upon  a  fummary  compenfation  from 
the  Britifh  government,  in  the  fame  mode  which  had 
been  adopted  for  fatisfying  the  Britifli  creditors,  the 
American  claimant  muft  firft  Undergo  a  tedious  and 
expenfive  procefs,  in  order  to  afcertain  a  thing  alrea- 
dy known,  that  the  ordinary  courfe  of  juftice  is  iu- 
Gomptrtent  to  afford  him  redrefs.     i'*'?./-^'  v 

I2i  The  treaty  pledges  the  United  States  to  the 
payment  of  loffes  fuftained  by  reafon  of  certain  cap- 
tures within  the  limits  and  jurifdI6tion  of  the  United 
States,  and  brought  into  the  ports  of  the  fame,  or 
made  by  vefiTels  originally  armed  in  our  ports,     "^vl* ' 

The  fum  which  may  be  claimed  by  Great  Britain 
on  this  accviunt,  cannot  fail  to  be  very  confiderable  : 
But  it  may  well  be  doubted,  whether  the  United 
States  are  not  hereby  pledged  beyond  the  obligation 
which  the  laws  of  nations  impofe    upon  a  neutral 

country.    :  r  :^  v--  4  v<.ii  ^::>.y,-  Wf  i*;^*rj'^s^A"'  "^-^f'^^.r  , 

13.  By  permitting  Britifli  fubje^ts  to  hold  lands^ 
which  they  have  already  purchafed  within  the  United 
States,  a  right  is  afTumed  by  the  executive,  of  depriv- 
ing the  feveral  ftates  of  the  forfeitures  which  may  have 
already  accrued  to  them  by  the  alienifm  of  fuch  pur- 
chalers  ;  and  even  of  divelUng  American  citizens  of 
the  land  which  they  may  have  purchafed,  in  confe- 
qtience  of  fuch  forfeitures;  The  policy,  alfo,  of  per- 
mitting aliens  to  hold  real  property,  may  be  doubted 
— Nor  is  there  any  real  reciprocity  in  this  permiffion, 
none,  or  very  few  American  citizens  having  bought 
lauds  on  fo  precarious  a  tenure  in  England.  >. 

jI  *    14.  The  fame  want  of  reciprocity  may  be  difcover- 
fid  in  that  claufe  of  the  treaty  which  interdidta  tho' 


C    167    3 


COiififcation  or  fequeflering  of  debts  due  to  individuals, 
or  monies  held  in  the  public  funds,  and  in  banks-; 
However  impolitic  or  unjuft  it  may  be,  in  ordinary 
cafes,  to  exercife  this  power,  yet,  as  it  is  (Iridljy  per- 
mitted by  the  laws  of  nations,  and  may  fometimcs 
be  exerted  for  the  prevention  of  a  war,  by  deterring 
a  nation  from  further  aggrefllon,  or  to  bring  an  ene- 
my to  reafonable  terms  of  accommodation,  and  has 
been  adlually  exercifed  by  Great  Britain  in  her  pre- 
fent  conteft,  it  is  impolitic,  in  the  extreme,  to  pledge 
the  public  faith  never  .  j  exercife  it  upon  any  occafi- 
on,  or  under  any  clrcumftance  whatfoever,  efpecially 
.to  a  nation  who  can  give  us  no  equivalent  for  coofent- 
ing  to  this  reftric^ion,  and  which,  of  all  others,  might 
be  the  moft  fenfibly  afFedled  by  the  ufc  of  it.  i^.^.:>di.m 

15.  Our  commerce  to  India  is  much  circumfcribed 
by  the  treaty.  We  are  excluded  altogether  from  the 
coafting  trade,  and  laid  under  other  unufual  and  new 
reftridtions.  It  is  true,  that  this  commerce  has  hi- 
therto been  carried  on  only  by  permiflion — But  it  i& 
prefumed,  that  the  advantage  which  Great  Britain 
has  experienced  during  twelve  years,  will  induce  her  to 
permit  its  continuance  without  our  unneceflarily  con- 
fenting  to  thefe  reftraints.  And  if  we  are  excluded 
altogether  from  the  Britilh  fettlements  in  India,  other 
ports,  equally  advantageous,  are  open  to  us.        .fiiiv/.k 

16.  By  the  conftitution,  congrefs  are  to  regulate 
our  commerce  with  foreign  nations.  This  treaty,  if 
ratified,  will  not  only  infringe  this  power,  hut  very 
greatly  fhackle  our  government,  in  their  future  regu- 
lations of  trade.  ^ 

It  muft  always  have  been  a  matter  of  much  folici- 
tude  with  Great  Britain,  to  prevent  us  from  pafling 
fuch  difcriminating  adls  as  circumftances  might  render 
proper — And  America,  fituated  as  ihe  is,  fliould  not 
lightly  part  with  fuch  an  invaluable  prerogative. 

17.  As  a  neutral  and  commercial  people,  and  like- 
iy,  with  common  prudence,  to  continue  at  peace  with 
all  the  world,  thv*  United  States  fliould  never  volun- 


■V. 


K*;: 


i;  '.^« } 


';!« 


ij 


tarlly  confent  to  any  article  p»ohIhIting  free  veffell 
from  making  free  goods,  ^iim  Is  the  cafe  with  the 
prcfcnt  treaty — by  this  conce*  \;p  we  not  only  depart 
from  a  principle  adopted  by  fcveral  mrritime  powers, 
and  which  coRgrefs,  under  this  confideration,  fre- 
quently recognized  and  always  purfucd,  in  their  inter- 
courfe  with  other  nations }  but  we  put  it  out  of  our 
power  to  receive  any  advantage  from  the  modern  law 
of  nations  referred  to  in  the  prefident's  proclamation 
of  neutrality,  and  are  even  precluded  from  the  bene- 
fits of  the  <;ontrary  ilipulations  which  have  been  care- 
fully inferted  in  our  treaties  with  other  nations. 

18.  In  afcertaining  what  articles  (hall  be  deemed 
contraband,  feveral  are  comprehended  which  were  ne- 
ver fo  deemed,  and  are  cxprefsly  declared  not  to  be 
fo,  in  our  treaties  with  other  nations,  particularly  (hip- 
timber,  tar,  hemp,  fails,  and  copper.  Indeed  it  is 
difficult  to  fay  what  will  not  be  deemed  contraband, 
as,  after  a  very  long  enumeration,  it  is  added,  that 
generally  whatever  may  ferve  direftly  to  the  equipollent 
of  vefTtls,  un wrought  iron  and  (ir-planks  only  except- 
ed, (hall  be  confidered  in  that  light.  It  may  be  ob- 
ferved  here,  that  Great  Britain,  in  her  treaty  with 
France,  has  declared  thefe  very  articles  not  to  be 
contraband.  , 

19.  VeflTels,  laden  with  provifions,  may  be  feized 
under  the  frivolous  pretext  of  the  difficulty  of  agree- 
ing on  the  precife  cafes  in  which  they  may  be  re- 
garded as  contraband.  It  is  true  that  a  reafonable 
mercantile  profit  is  to  be  allowed  ;  but  independent 
of  the  difficulty  of  afcertaining  what  fuch  a  profit  is, 
of  which  the  Briti(h  muft  judge,  all  the  profits  con- 
tennplated  on  the  return-cargo,  will  be  loft ;  and  our 
citizens,  to  the  great  injury  of  agriculture,  will  be 
difcouraged  from  the  exportation  of  grain  and  other 
provifions,  which,  in  time  of  war,  muft  be  an  objed 
of  the  (ii-ft  magnitude. 

20.  Great  Britain  being  aftually  at  war,  derives  an 
immediate  benefit  from  all  thofe  articles  which  refer  to 


C     i«9     ] 


ttiat  condition,  while  it  ks  problematical,  whether  the 
United  States,  even  when  at  war,  can  at  all  be  bene- 
fited by  thefe  ftipulations.  Some  equivalent  might, 
therefore,  reafonably  have  been  expected  for  the  con- 
ftant  advantages  which  refult  to  Great  Britain  fro:n 
thofe  parts  of  the  treaty,  which  contemplate  a  war 
between  either  party  and  fome  other  power.  * 

31.  The  treaty  is  principally  calculated  to  promote 
the  interefts  of  Great  Britain,  pending  her  prerent 
confllA  with  Franco,  to  increafe  htr  refources,  and 
enable  her  to  profecute  the  war  with  greater  vigor  and 
fuccefs.  The  citizens  of  America  arc  thus  expofed  to 
the  imputation  of  the  bafeft-  ingratitude,  if  not  breach 
of  faith,  towards  a  generous  and  gallant  ally,  to  whom 
they  are  largely  indebted  for  their  freedom  and  inde- 
pendence, and  to  whofe  vidlories  is  to  be  afcribed  the 
fmcc  which  they  now  enjoy. 

12.  The  whole  treaty  may  be  regarded  as  peculiar- 
ly ^oftile  to  the  French  republic,  and  unlcfs  thofe 
who^^'e  at  the  head  of  her  affairs,  condudl  themfelvcs 
with  il^Tommon  moderation,  a  war  with  France  can 
hardly  i|il  to  be  one  of  the  confequcnccs  of  a  ratilica- 
tlon.       V^^ 

23.  The  i?i(^ftraint  upon  our  citizens  not  to  accept 
commillions  1^  the  arnay  or  navy  of  foreign  powers  Is 
impolitic,  as  ft  deprives  them  of  a  mean  of  acquiring 
military  knowledge,  and  that  in  a  way  which  has  ne- 
ver been  eflefmed  illegal  or  difreputable.  It  is  alfo 
unprecedented ;  for  nothing  is  more  common  than  for 
the  citizens  of  one  country  to  ferve  in  the  army  or  na- 
vy of  anot()er,  for  the  fake  of  honor,  inftruftion  or 
reward.  The  United  States,  in  particular,  fliould 
encourage  fuch  of  their  youth  as  are  ambitious  of  mi- 
litary glory,  to  a  fervice  of  this  kind.  In  time  of  war 
it  is  not  eafy  to  calculate  the  advantages  which  might 
bederIvedfrom.it.  .  , 

24.  However  proper  it  may  be  to  difcourage  neu- 
tral citizens  from  engaging  on  board  of  the  priva^ 

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leers,  it  may  certainly  be  queftioned,  whether  the 
right  of  defining  and  punifhing  piracy  does  not  be- 
long exclufively  to  the  legiflature  of  the  United  States. 
Although  a  fimilar  provifion  is  found  in  our  treaties 
jvvith  other  nations,  it  will  be  recolleAed,  that  in  con« 
grefs  at  that  time,  and  not  in  the  executive,  was  veil- 
ed the  right  of  making  treaties. 

25.  This  treaty  would  be  dangeroua  as  a  prece- 
dent :  for  other  nations,  with  whom  we  may  wifli  to 
make  commercial  compadls,  will  expedl  us  to  fubmit 
to  fimilar  embarraflhients,  and  to  have  our  trade  regu- 
lated by  this  partial  flandard. 

26.  There  is  good  reafon  to  believe,  that  the  trea- 
ty is  difagreeable  to  a  very  great  majority  of  the  peo- 
ple of  the  United  States  j  and  that  even  thofe  who  do 
not  pubHcly  remonfirate  againfi:  its  ratification,  from  an 
opinion  that  it  is  the  proper  province  of  the  exe^p^ 
tive  to  determine  on  it,  fincerely  wifli  it  may  not  tue 
place.  J^ 

27.  The  difadvantages  already  enumerated  a^  the 
more  ftriking,  becaufe,  from  the  nature  andeaient  of 
their  exports,  the  United  States  have  it  in  thMr  pow- 
er, in  ail  their  commercial  arrangements  'y^ith  foreign 
nations,  to  fecure  a  perfect  reciprocity,  ilot  only  with 
their  European,  but  alfo  with  their  fofeign,  poffeffi- 
ons,  as  has  indeed  been  offered  to  thent^on  the  part 
of  the  French  republic.  W"'- 

28.  Befides  the  objeAions  already  fitted,  it  muft 
be  remarked  that  the  whole  treaty  abounds  with  fen- 
tences  whofe  meaning  is  equivocal,  and  that  too  much 
room  is  left  for  doubt,  conftrudion  and  future  difcuf- 
fions  ;  whereas  every  ambiguity  in  an  inftrument  of 
this  kind,  with  fo  powerful  a  nation,  ought  to  have 
been  ftudioudy  avoided. 

Refolved  further,  that  a  copy  of  the  preceding 
refolutlons  be  figned  by  the  chairman,  and  tranfmit- 
tcd  by  exprefs  to  the  prefident  of  the  United  States, 
ivho  is  hereby  informed,  that  the  citizens  of  New 
York,  affembled  upon  this  occafion,  refpedfuUy  hope, 


'«* 


C    171    3 


that  he  will  pleafe  to  take  the  fame  into  his  mofl  feri- 
ous  confidevation— they  affure  him  that  they  rely  with 
great  confidence  on  his  known  patriotifm,  wifdom^ 
and  independence,  in  the  exercife  of  the  prerogative 
veiled  in  him,  and  that  nothing  but  the  importance 
of  the  occafion  fhoiild  have  induced  them  to  obtrude 
their  fentiments  on  him.  Influenced  by  no  other  mo- 
tive than  a  zeal  for  their  country's  good,  they  ardent- 
ly hope  that  the  reafons  herein  affigned,  with  thofe 
which  may  be  offered  by  their  fellow  citizens  of  other 
ftates,  added  to  fuch  as  his  own  good  fenfe  will  not 
fail  to  fuggeft,  will  prevail  upon  him  to  withh-l'!  his 
affent  from  an  Inftrument  which  has  fpread  a  gcu  ;ral 
alarm  throughout  the  United  States,  as  invading  the 
\  conftitution  and  legiflative  authority  of  the  country ; 
as  abandoning  their  important  and  well-founded  claims 
apinfl  the  Britifh  government  $  as  impofing  unjufl 
and  impolitic  reftraints  on  their  commerce  ;  as  injuri- 
ous t^  agriculture ;  as  conceding,  without  an  equiva-^ 
lent  miportant  advantages,  to  Great  Britain  ;  as  hof- 
tile  ariiii  ungrateful  to  France  ;  as  committing  our 
peace  wkH  that  great  republic  ;  as  unequal  in  ever/ 
refpeft  to  America  ;  as  hazarding  her  internal  peace 
and  profperit|i,  and  as  derogatory  from  her  fovereign- 
ty  and  indepcfpcnce. 


By  Order  of  the  Meeting. 

W.  S.  SMITH,  Chairman. 


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C    172    ] 
MEMORIAL  V 

Of  the  Citizens  of  Philadelphia,  tho  Northern  Liber- 
ties, and  the  DiflriS  of  Southvvark,  agreed  upon  at  a 
numerous  Meetings  held  in  the  State-houfe  Tard,  on  Sa- 
turday, the  2^th  of  Jidy,   1795. 

To   GEORGE    WASHINGTON^ 

Prefident  of  the  Urated  States. 

The  Memorial  of  the  Citizens  of  Philadelphia,  the 
Northern  Liberties,  and  the  Diftrid^  of  Southvvark, 
in  the  State  of  Pennfylvania, 

Rtfpcdfully  JhewL'th — 

THAT  your  memorialifts,  fincerely  and afFedllnn- 
ately  attached  to  you,  from  a  fenfe  of  the  im- 
portant fervices  which  you  have  rendered  to  thejOnit- 
ed  States,  and  a  convi£lion  of  the  purity  of  tlic  mo- 
tives that  will  for  ever  regulate  your  public  adiEiiiniftra- 
tion  ;  do,  on  an  occafion  in  which  they  feel  themfelves 
deeply  interefted,  addrefs  you  as  a  Friend  and  Patri- 
ot:  as  a  Friend,  who  will  never  take  dSence  at  what 
is  well  intended ;  and  as  a  Patriot,  whb  will  never  re- 
ject what  may  be  converted  to  the  good  of  your 
country. 

That  your  memorialifts  entertain  a  proper  refped 
for  your  conftltiitional  authority  ;  and,  whatever  may 
be  the  iffue  of  the  prefent  momentous  queftion,  they 
will  faithfully  acquiefce  in  the  regular  exercife  of  the 
delegated  powers  of  the  government  ;  but  they  truft, 
that  in  the  formation  of  a  ccmpa6V,  which  is  to  ope- 
rate upon  them,  and  upon  their  pofterity,  in  their 
moft  important  internal,  as  well  as  external  relations, 
which,  in  efFedl,  admits  another  government  to  controul 
the  legiflativc  funftions  of  the  union  ;  and  which,  it 
found  upon  experience,  to  be  detrimental,  can  only  be 
repealed  by  foliciting  the  aifent,  or  provoking  the  hof- 


.^ 


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C    173    ] 


tilitles,  of  a  foreign  power ;  you  will  not  deem  it  im- 
proper or  officious  in  them,  thus  anxioufly,  but  ref- 
peflfully,  to  prefent  a  folemn  teftimonial  of  their  pub- 
lic opinion,  feelings  and  intereft. 

That,  under  thefe  preliminary  acknowledgments 
of  the  duty  and  of  the  defign  of  your  memorialifts, 
the  following  otyeftions  to  a  ratification  of  the  treaty 
lately  concluded  between  Lord  Grenville  and  Mr.  Jay, 
are  fubmitted  with  implicit  confidence,  to  your  confi- 
deration. 

The  treaty  is  obje£led  to, 

1.  Becaufe  it  does  not  provide  for  a  fair  and  effedl- 
ual  fettlement  of  the  differences  that  previoully  fubfill- 
ed  between  the  United  States  and  Great  Britain — iri- 
afmuch  as  it  poflpones  the  furrender,  and  affords  no 
compenfation  for  the  detention,  of  the  weflern  pofls 
■«%jinafmuch  as  it  cedes,  without  ajy  equivalent,  an 
indefinite  extent  of  territory  to  the  fettlers  under  Bri- 
tifti^jitles,  within  the  precin6ls  and  jurifdidlion  of 
thofcspofls — inafmuch  as  it  waves  a  juft  claim  for  the 
value  \f  the  negroes  who  were  earned  off  at  the 
clofe  of  the  war,  in  violation  of  a  pofitive  compaft — 
and  inafmuch  as  it  refers  all  the  hopes  of  indemnity, 
for  the  rcceim,  fpoliations  committed  oii  the  commerce 
of  the  Unite<^  States,  tu  aa  equivocal,  expenfive,  te- 
dious, and  uncertain  prcctfj. 

2.  Becaufe  by  the  r**eaty,  the  federal  government 
accedes  toreJLraints  !,^on  the  A.v.erican  commerce  and 
navigation, -Kiternal  as  well  as  t sternal,  that  embrace 
no  principle  of  real  reciprocity,  and  are  inconliflent 
with  the  rights^  and  deihuAive  to  the  interefls,  of  an 
independent  nation — inafmuch  as  it  unreafonabiy  fet- 
ters the  intiircourfe  with  the  Wei  Indies,  v/ith  India, 
and  with  the  American  lakes,  by  means  of  the  navi- 
gable rivers  belonging  to  the  Britr'lh — inafmuch  as,  in 
many  inflances,  it  circumfcribes  the  navigation  of  the 
United  States  to  a  particular  voyage — and,  inafmuck 
as  fome  of  our  ftaple  commodities  (exempted  by  the 

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treaties  with  France,  Holland,  Pruffia,  and  Sweden) 
it  makes  liable  to  confifcation,  as  contraband ;  and 
others  (exempted  by  the  law  of  nations)  it  makes  li- 
able to  feizure,  upon  payment  of  an  arbitrary  price, 
as  articles  ufeful  to  the  enemies  of  Great  Britain. 

3.  Becaufe  the  treaty  is  deftru6;ive  to  the  domeftic 
independence  and  profperity  of  the  United  States— 
inafmuch  as  it  admits  aliens,  profe^iing  a  fcreign  aHe*  ss* 
glance,  to  the  permanent  and  tranfmiffiblc  'ig;hts  of 
prcperty,  peculiarly  belonging  to  a  citizen—and  inaf- 
much as  it  enables  Great  Britain  to  draw  an  invldicua 
and  dansfcrous  line  of  circumvallatlon  round  the  tcrri- 
tory  of  the  union,  by  her  fleets  on  the  Atlantic,  and 
by  her  fettlements  from  Nova  Scotia  to  the  mouth  of 
the  MliTifPippi. 

4.  Becaufe  the  treaty  furrenders  certain  inherent 
powers  of  an  Independent  government,  which  are  if- 
fentlal,  in  the  circumllances  of  the  United  States,  to 
their  fafety  and  defence  ;  and  which  might,  on  ilrcat 
emergencies,  be  fuccefsfully  employed  to  enfoix^  the 
negled^ed  claims  of  jullice,  without  making  tpe  laft, 
dreadful  appeal  to  arms  ; — inafmuch  as  the  rfght  of 
fequeflratlon  ;  the  right  of  regulating  cjfttimerce,  in 
favor  of  a  friendly,  and  againft  a  rival,  ^jpower  ;  and 
the  right  of  fvifpending  a  commercial  intlrcourfe,  with 
an  inimical  nation,  are  voluntarily  abandbned. 

5.  Becaufe  the  treaty  is  an  infra«ftion  pf  the  rights 
of  fricndflilp,  gratitude,  and  alliance,  mich  the  re- 
public of  France  may  juftly  claim  from  '^e  United 
States  ;  and  deprives  the  United  States  of  the  moft 
powerful  means  to  fecure  the  good  will  and  good  of- 
fices of  other  nations ; — Inafmuch  as  It  alticrs,  during 
a  war,  the  relative  fituation  of  the  different  nations, 
advantageoufly  to  Great  Britain,  and  prejudicially  to 
the  French  republic  ; — inafmuch  as  It  is  in  manlfell 
collifion  with  feveral  anicles  of  the  American  treaty 
with  France  ; — and  inafmuch  as  it  grants  to  Great 
Britain  certain  high,  dangerous,  and  exclufive  prlvi- 
leg(\^ 


c  175  i 

And  youi['  memorialifts,  having  thus,  upon  gencw 
ral  ground,  concifely,  but  explicitly,  avowed  their 
wifhes  and  opinions ;  and  forbearing  a  minute  fpecifi- 
cation  of  the  many  other  objections  that  occur  ; — con^ 
elude  with  an  afTurance,  that  by  refufmg  to  ratify  the 
projefted  treaty,  you  v/ill,  according  to  their  bell  in- 
formation and  judgment,  at  once  evince  an  exalted 
attachment  to  the  principles  of  the  conilitution  of  the 
United  States,  and  an  undiminifhed  zeal  to  advance 
the  profperity  and  happinefs  of  your  conftituents. 

Signed  by  order  of  the  General  Meeting  at  Phila- 
delphia, the  25th  July,   1795. 

W.  SHIPPEN,  junr.  Chairman.   % 

COMMITTEE. 

Thomas  M^Kean,  Blair  M^CIenachan, 

Charles  Pettit,  Abraham  Coats, 
Thomas  Lee  Shippen,  i^  A,  Muhlenhurg^ 

Stephen  G'lrard,  jfohn  Hunn, 

A,  J,  Dallqs,  John  Barker, 

jfohn  Sivannvicky  William  Coats,      ^  * 
Mofes  Levy,  ^•• 

^  Charlepn,  July  19,  1795. 

REPORT 

Of  the   Cunmittee  chofen    by    Ballot  of  iJx   Citizens   of 
Charle%)u     (South    Carolina)    in  Purfuance    of  a 
RifoluiMi   of  a   General  Meeting   of  the  Citizens   in 
St.    MichaeVs   Church,    on    Thurfday,    the   l6th    of 
July,    1795.         - 

THE  committee  to  whom  was  referred,  by  their 
fellow   citizens,  the    conlideration   of  the    im- 
pending treaty  of  amity,  commerce,  and  navigation. 


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C     ^75    J 

between  his  Britannic  majefty  and  the  United  States 
of  America,  report — 

That  they  have  attentively  confidered  the  faid  trea- 
ty, aiid  are  of  opinion,  that  it  has  not  that  recipro- 
city which  ought  to  be  the  bafis  of  all  contrails — 
that  it  contains  no  provifions  in  favor  of  the  United 
States,  in  any  manner  proportionate  to  the  various  con- 
ceflions  made  to  Great  Britain  ;  and  rellridls  congrefs 
in  the  exercife  of  its  conftitutional  power  of  regulat- 
ing trade,  and  making  fuch  difcriminations  in  favor  of 
other  foreign  nations,  as  may  be  moft  beneficial. 

From  many  well-founded  objections,  your  commit- 
tee beg  leave  to  fele6i  and  fubmit  the  following  : 

The  firft  article,  though  ufual  in  treaties,  would  be 
particularly  mifchievous  in  this,  inafmuch  as  it  per- 
mits the  unconditional  return,  to  our  country,  of  all 
perfons  who  were  profcribed  during  the  late  wsp^ 
though  their  return  is  r- pugnant  to  our  laws,  and  '4o 
the  feelings  of  our  injured  fellow  citizens^  and  thca^h' 
the  ftate  legiflatures  have  already  proceeded  as  pr  in 
re-admitting  fuch  perfons,  as  they  judged  co^Ment 
'with  good  faith,  or  found  policy. 

The  fecend  article  fandlions  the  continujMce  of  an 
injury,  which,  in  violation  of  the  treaty  cifpeace,  has 
already  exifted  eleven  years:  it  either leftablifhes  a 
Britifli  colony  within  our  limits,  with  peculiar  privi- 
leges, or,  in  cafe  the  inhabitants  of  fuch  folony  chufe 
to  become  citizens  of  the  United  States,  ;it  gives  the 
privileges  of  citizens  of  thefe  ftates  to  ii  number  of 
men  J  who  have  been  their  moll  bitter  and  irreconcile- 
abk  *;neniies  ;  who,  in  conjundlion  with  the  favages," 
have  lately  waged  war  againll  us,  and  who,  from  their 
local  fituation  in  the  vicinity  of  the  Indian  Qibes,  con- 
veniently may,  and  from  their  difpofition  (as'  far  as 
we  can  judge  from  their  paft  condu6l)  would  be  in- 
clined to  join  with  them,  in  ading  againft  us,  on  any 
favorable  emergency. 


iKJ^"M^9i-i>v^i' 


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[    177    3 


.  The  third  article  gives  to  the  Brltiih,  what  to  them, 
with  their  capital,  will  be  nearly  equivalent  to  a  mo- 
nopoly of  the  trade  with  the  Indians,  and  with  our 
weftern  territories,  and  opens  a  door  for  fmuggling 
on  an  extenfive  fcale,  to  the  great  injury  of  our  re- 
venue.      .•    .    .■     -^  ...     f:.*: '■:....  •'«:•,.;:     -■■     .s'  ■'-    ■ 

By  the  fixth  article,  the  United  States  undertake 
to  make  good  fuch  loffes  on  debts,  to  Britifh  credi- 
tors, as  have  been  occaiioned  by  legal  impediments, 
to  their  recovery,  created  by  any  of  the  ftates,  in  vi- 
olation (as  is  alleged)  of  the  treaty  of  peace  ;  al- 
though the  firft  infra<^ion  of  that  treaty,  was  made 
on  the  part  of  Great  Britain,  by  carrying  away  froni 
thefe  ftates  many  thoufands  of  negroes,  and  a  confi- 
derable  quantity  of  valuable  property,  wliereby  indivi- 
duals were  deprived  of  the  means  of  difcharging  their 
debts ;  although  the  United  States  have  incurred  an 
iintnenfe  expenfe  in  maintaining  an  army  for  the  de- 
fence of  their  northern  and  weftern  territory  ;  an  ex- 
penfi?  actually  occaiioned  in  confequence  of  the  deten- 
tion d£  the  weftern  pofts ;  and  although  no  compen- 
fation  is  ftipulated  to  be  made  to  the  citizens,  whofe. 
negroes,  a|id  other  property,  have  been  illegally  car- 
ried off;  tlteir  nght  of  recovery  being  paffed  over  in 
filence.  T^us  the  United  States  are  compelled  to 
make  ample  Teparation,  for  the  only  infringement  of 
the  treaty,  lyhich  is  charged  on  any  of  their  citizens  ; 
whilft  neither  the  union,  nor  its  citizens,  have  even 
a  promife  qf  compenfation,  for  the  many  injuries  fuf- 
tamed  by  violations  of  the  faid  treaty,  on  the  part  of 
Great  Britain. 

This  article^  moreover,  erefts  a  tribunal  new  and 
unknown  to  our  conftitution,  inafmuch  as  it  transfers 
the  right  of  deciding  on  the  claims  of  Britifti  credi- 
tors, from  the  courts  and  juries  of  America,  to  com- 
miflioners ;  a  majority  of  whom  may  be  Britifh  fub* 
jeds,  and  by  their  decifions,  tax  the  revenue  of  thefe 
ftates  at  pleafure* 


W'h  \  J 


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■  I 


The  feventh  article  makes  reftitutiou  for  the  exteo- 
five  fpoliations  lately  committed  on  our  commerce,  re- 
mote, expenfive  and  uncertain  ;  though  iuftice,  and 
the  circumftances  of  our  injured  citizen;,  demanded 
that  it  (hould  have  been  immediate  and  complete  $ 
while,  on  the  other  hand,  full  compenfation,  on  cer- 
tain fixed  principles,  is  ilipulated  to  be  made  by  tli« 
United  States,  for  all  property  which  has  been  taken 
by  privateers,  equipped  in  our  ports^  or  which  has 
been  captured  within  our  limits. 

The  twelfth  article  gives  us  no  other  privilege  than 
that  of  carrying  in  American  veffels  (not  exceeding 
feventy  tons  burden)  fuch  articles  of  the  growth,  ma- 
nufacture, or  produAion  of  thefe  ilates,  as  are  not, 
and  fhall  not  be  prohibited  by  Great-Britain,  from 
being  carried  to  her  Weft-India  iflands,  and  of  bring- 
ing from  thence,  in  fuch  American  veffels,  fuch  prq*^ 
duce  of  thofe  iflands,  as  may  be  carried  from  theni^ 
to  the  United  States  in  Britifh  veffels  2 — In  return 
for  this  privilege  (which,  reftwAed  as  it  is,  is  o^iio 
value)  we  are  made  to  furrender  the  right  6|r  ex- 
porting in  our  own  veffels,  to  any  part  of  the  world, 
melaffes,  fugar,  coffee  and  cocoa,  whetheii.  the  pro- 
duftions  of  the  Britifh  iflands,  or  of  any  ^llier  place , 
whilft  the  Britifh,  and  all  other  foreign  |(6wers,  have 
a  right  to  fend  thofe  very  articles,  in  'Ihfeir  velfels, 
from  our  ports.- — We  are  precluded  froiT|  exporting 
in  our  own  veffels,  not  only  foreign  cottdn,  but  the 
cotton  of  our  own  growth,  although  the  ^ivilege  of 
exporting  that  article,  from  hence,  in  their  own  vef- 
fels, Is  given  to  the  Britifh,  It  precludes  us  from 
fupplying  our  allies,  the  French,  with  fevcral  articles, 
which  they  conlider  as  of  prime  neceffity,  aftd  which, 
in  the  exifling  ftate  of  things,  they  cannot  (w^hout 
great  rifl^  and  difficulty)  obtain  from  their  Weft-In- 
dia iflands,  but  through  the  medium  of  neutral  pow- 
ers, more  particularly  the  United  States.  In  fa^, 
k  has  placed  the  commodities,  above  mentioned,  on 
a  footing  far  worfe  for  us  thaa  if  they  were  contra- 


/" 


C    179    3 


band  pi^  war ;  inafmuch  as  contraband  articles  are 
only  prohibited  from  being  carried  to  powers  at  war : 
but  tiiefe  articles  cannot,  under  the  rellridlions  of  the 
treaty,  be  carried  by  veffels  of  the  United  States,  to 
any  V^^ion,  either  in  time  of  war,  or  of  peace. 

A^li^hough  it  is  recommended,  that  a  fufpeniion  of 
this-|irticle  fhould  precede  the  ratification  of  the  trea- 
ty I  yet  it  having  been  alfo  recommended  to  the  pre- 
fident  to  proceed,  without  delay,  to  further  negoci- 
ations  with  his  Britannic  majefty,  on  the  fubjedl  of 
trade  to  his  Weft-India  iflands,  and  on  the  terms  and 
conditions  mentioned  in  this  article,  your  committee 
have,  therefore,  thought  proper  to  fubmit  thefe  obfer- 
vations  on  it.  '  '  r 

The  feventeenth  article,  makes  a  formal  recognl- 

)n  of  the  right  of  Great-Britain  to  fearch  Ameri- 
veflels,  for  property  on  board  fuch  veffels,  fuf- 
pdlpd  to  belong  to  any  power,  with  which  (he  is  at 
war%  it  authorizes  her  to  carry  into  her  ports,  every 
Amdl^an  veflel,  which  the  officers  of  her  men  of  war, 
and  prllftteers,  may  fufpe6t  to  have  fuch  property  on 
board  :  • '^nd  engages  to  deliver  up  all  fiich  property, 
though  of*«^ur  friends  and  allies,  which  fhall  be  on 
board  :  whenbs  France,  and  every  ration,  with  which 
ve  have  a  twaty,  have  exprefsly  declared,  that  free 
fhips  fhall  mate  free  goods,  and  proteft  property  on 
board  of  thcij),  to  whomfoever  it  may  belong.  , 

By  authorfi|ing  fuch  fearches,  a  general  fearch  war- 
rant is  given^o  Britifh  privateers.  This  article  efta- 
bllihes  principles  as  the  law  of  nations,  which  juftify 
many  of  the  late  fpoliations  committed  by  Britifh  vef- 
fels of  war,  on  the  commerce  of  thefe  ftates  ;  and  of 
courie  authorize  the  repetition  of  fuch  fpoliation,  which 
Would  be  extremely  detrimental  to  our  commerce. 
The  capture  and  detention  of  American,  by  Britifh 
veffels,  under  the  authority  of  this  article,  will  put 
American  feamen  wholly  in  the  powe:  of  the  Britifh  ; 
yet  no  provifion  is  made  to  protcft  and   fccure   them 


'I'll 


■"'^ 


.  V. :''-!*! 


'%:% 


C     >8o     ] 


N 


from  being  imprcflcd  into  the  Britifh  fervice,^  though 
daily  experience  evinces  the  neceflity  of  requiring  a 
clear  and  unequivocal  ftipulation  for  the  proeftion 
and  fecurity  of  that  valuable  clafs  of  men. 

By  the  firft  fedlion  of  the  eighteenth  article/  all 
timber,  for  ftiip  building,  tar,  rofin,  copper  in  fljcets, 
fails,  hemp,  cordage,  and  in  general  whatever  ^ay 
ferve  dire^ftly  for  the  equipment  of  veflels  (unwrougbt 
iron  and  fir  planks  only  excepted)  are  declared  to  be 
contraband,  and  juft  objefts  of  confifcation— whereas 
thofe  articles,  in  all  our  other  treaties,  are  exprefsly  ac- 
knowledged not  to  be  contraband,  but  free.  Thus  A- 
merica  concedes  to  Great  Britain,  what  fhe  has  never 
conceded  to  any  other  power. 

With  refpeft  to  the  fecond  feftion  of  the  eigh- 
teenth article,  an  attempt  is  made  to  bring  even  pr<j 
vifions  under  the  head  of  contraband.  This,  if  effe(8 
ed,  in  conjun6lion  with  the  preceding  claufe,  jpill 
comprehend,  as  contraband,  almoft  all  the  impcuitant 
ftaples  of  thefe  dates.  Such  an  extenfion  of  cAtra- 
band  muil  prove  ruinous  to  our  commerce,  efi^cially 
as  Great  Britain  affeds  to  hold  whole  coun^es  in  a 
ftate  of  blockade.  y^'^ 

The  twenty-third,  twenty-fourth,  andTtwenty-fifth 
articles,  have  a  tendency  to  embroil  us  wwh  the  French 
republic,  and  in  the  exifting  ftate  of'th%igs,  to  make 
our  fea  port  towns  fcenes  of  ript  aod  bloodfhed. 
Thefe  articjes  alfo  tend  to  make  a  comMon  caufe  be- 
tween the  United  States  and  Great  ;,!P^i^in,  to  op- 
prefs  and  diftrefe  our  allies.  '^>^ 

Upon  the  whole,  your  committee  apprehend  that 
great  evils  would  refult  to  thefe  ftates  from  this  trea- 
ty, if  ratified,  they  therefore,  recommend  that  an  ad- 
drefs  be  prepared,  and  prefented  to  the  prefident  of 
the  United  States,  praying  that  he  will  not  ratify  the 
faid  treaty. 

The  above  report  was  agreed  to,  and  tranfmitte<l 
to  the  prefident. 


BLe  SOLUTIONS 

Adopted  at  a  Meeting  of  the  ^ujlices  of  the  County  ^  and 
Jildermen  of  the  Borough,  of  Norfolk,  on  Saturday 
the  iith  of  July,   1795. 

RESOLVED,  That  Stephens  Thompfon  Mafon 
is  entitled  to  the  thanks  of  this  meeting,  and 
of  every  good  citizen  and  real  friend  to  the  conftltu- 
tlon  of  the  United  States,  for  his  patriotic  and  inde- 
pendent conduft  in  rending  the  veil  of  fenatorial  f ! 
crecy,  and  thereb/  difelofing  to  tlie  world  the  tivaty 
lately  concluded  o  y  John  Jay,  and  the  minifters  of 
the  king  of  Grea:  ;itain,  touching  the  deareft  rights 
and  moft  efTential  interells  of  a  free  people. 

Refolved,  That  it  be  recommended  to  THE  PEO- 
PLE of  the  towns  of  Norfolk  and  Portfmouth,  and 
of  tie  county  of  Norfolk,  to  aflemble  at  the  court- 
boufll  of  faid  county,  on  the  firft  Wednefday  in  Au- 
guft  next,  to  take  into  confideration  the  treaty  afore- 
faid,  a^  the  propriety  of  addrefiing  the  preiident  of 
the  Uniltd  States  on  that  fubje6l„ 

RefolvISi  That  the  above  Refolutions  be  publifhed. 

^[HARLES  CONNER,  Chairman. 


^ 


SOLUTIONS 

Of  the   Citmeris  of  Baltimore,  adopted  at  a  numerous 
Meeting,  heid  at  the  Court-houfe,  on  the  z^th  of  July, 

.795.   ^ 

RESOLVED,  unanimoufly,  That  the  citizens 
now  affembled,  do  difapprove  of  the  treaty  of 
amity,  commerce,  and  navigation,  lately  negociated 
with  Great  Britain,  and  affented  to  by  the  fenate  of 
the  United  States. 


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Refolvcd,  unaiilmoufly,  as  the  fenfe  of  this  mec 
ing,  That  an  addrefs  be  prefcnted  to  the  prefident 
of  the  United  States,  expreflive  of  their  difapproba- 
tion  of  laid  treaty,  and  requefting  that  it  may  not  be 
ratified. 

Rcfolved,  iinanimoufly.  That  the  thanks  of  this 
meeting  be  prefented  to  the  virtuous  minority  in  the 
fenate,  for  their  oppofition  to  the  propofed  treaty, 
and  to  Stephens  Thompfon  Mafon,  for  the  patriotic 
fervice  rendered  his  country,  by  a  difclofure  of  its 
contents. 


-<"<t 


•<>• 


NEW    JERSEY    PETITION. 

To  GEORGE  WASHINGTON, 
Prefident  of  the  United  States  of  America. 


The  Petition  and  Remonftrance  of  the  Subfc 
Citizens  of  the  State  of  New  Jerfey, 


RefpedfuUy  fieiv- 


THAT  your  petitioners,  fincerely^  attached  to 
the  interelts  of  their  country,  hjlve  read,  with 
attention,  the  treaty  of  amity,  commeice  and  naviga- 
tion, between  liis  Britannic  majefty  aryd  the  United 
States  of  America,  entered  into  at  London,  on  the 
19th  day  of  November  lall,  which,  it|»ppears,  hath 
been  in  part  aflented  to  by  two-thirds  of  the  fenate — 
and,  upon  due  ccufideration  (without  troubling  you 
^vltli  a  detail  of  particular  dbjcdions)  would  beg  leave 
mtift  refpedfully  to  fugged,  as  our  opinion,  That  the 
fald  treaty  does  not  afford  to  tlie  cltizend  of  thefe 
ilates,  fuch  terms  as  they  ought  to  accept :  and  that, 
if  finally  ratified,  it  will  be  a  fuurce  of  many  difad- 
vantages  to  the  commerce,  agriculture,  and  national 
profperity  of  the  union,  and  of  great  difcontent  and 
uneafinefs  In  the  minds  of  the  citizens  thereof. — In 


p 


■ifr-:  ''al^i-ajj^'  ■"- '  ^ 


[     183     ] 

idujiioii  to  tliis  opinion  (which  your  petitioners  be- 
lieve to  be  the  prevaih'ng  fenllinent  of  the  citizens  of 
Mew  Jerfey,  and,  as  far  as  information  hath  readied 
us,  of  the  United  States  at  large)  a  fincere  refpedf 
;ind  elieem  for  yon,  flowing  froni  a  recollcdion  of  nii- 
rnerou:;  and  eminent  ferviees,  which  gratitude  hath 
indelibly  engraven  on  our  hjarts,  renders  it  a  duty  iii- 
Mimbent  on  us  to  reprefent  the  fame  for  your  infor- 
mnlion,  Icil  our  filence  on  the  occafion,  might  he 
conllrued  Inro  an  ypprobatl  >n  of  the  faid  treaty. 

We  thCivforc  pray,  That,  u)  far  ag  the  fame  mj\y 
he  confident  with  that  difcrdion  which  we  conct-iv-: 
is  entirely  veiled  In  you  by  the  conftitutlou,  your 
iandion  may  be  withheld,  until  more  equitable  term; 
are  acceded  to  on  the  part  of  Great  Britain. 


— ..■<  .<i0t|f^  cf*..-^-'^  ;;*.  S^l3»>> — 


RESOLUTIONS 


\ 


i-iitftpteihBt  a  general  Mceiifrj^  of  the  Cih'z.ens  o/*TrenU)r., 
and  Ut>yic\n\tyy  convened  at  the  State-hoitfey  on  IVi^diicf'- 
day  the  it^h  of  Jidyy  1 795,  purfutmt  to  public  Nol'icd 
Jfjvent  "  yilr  the  Purpof  of  tjihtj  into  Conftderatton, 
**  Meafuref^  proper  to  he  purfued  upon  the  Subjed  of 
**  the  pendifl^  Treaty  between  Great  Britain  and  ths 
«*   United  S^tes.'' 

r,  "13  ES0LVED  (without  a  dilfenting  voice) 
Xv  That  we  entirely  and  religloully  concur  with 
our  brethren  of  Philadelphia,  "  that  It  is  the  conlH- 
*'  tutidnal  right  and  palriotic  duty  of  the  citizens  of 
-■'  tbe  United  States,  to  exprefs,  on  every  important 
*'  occafion,  the  public  fcnfe  of  public  meafures." 

2.  Reft^lved  (without  a  difTcnting  voice)  That  it  is^ 
at  this  time,  in  a  peculiar  manner,  the  bounden  duty 
of  vn-ery  friend  to  his  country  to  cxprefs  the  public 
opinion  upon  an  Inllrument  fo  extraordinary  and  fo 
j.'ioinentous  In  its  nature  as  the  treaty  of  amity,  navU 


iv.ili 


I: 


Ufe  . 


W' 


l  i\  i 


II' 


li  '^    \i 


li 


[  184  ] 

gat  ion  and  commerce,  lately  projeAed  between  Lord 
Grenville  on  the  part  of  Great  Britain,  and  John  Jay, 
envoy  extraordinary  on  the  part  of  the  United  States  ; 
degrading  to  tlic  national  howor,  dangerous  to  the 
public  intereft,  and  deftruAive  of  the  agricultural 
and  commercial  views  of  the  United  States. 

3.  Refolved  (without  a  diflcnting  voice)  That  the 
citizens  of  Trenton  and  its  vicinity,  having  heard  a 
full  difcuflion  upon  the  fubjedl  of  the  treaty,  do,  up- 
on the  moil  cool  and  difpaflionate  confideration,  dif« 
approve  of  the  fald  treaty,  and  hope,  by  this  public 
expreflion  of  thtir  fentiments,  to  prevent,  as  far  as 
poiTible,  its  ratilicatlcn  by  our  fiipreme  executive. 

4.  And  whereas  the  great  bulk  of  the  citizens  of 
this  Hate  relide  in  fmall  towns  and  villages,  or  on 
farms,  at  a  diflance  from  each  other,  and  cannot  there- 
fore, without  mucLi  inconvenience,  aflcmble  in  town 
meetings  or  otherwife,  in  any  coniiderable  num|»ei*s, 
to  (xprefs  their  fentiments  on  the  important  fifcjedl 
now  under  conful'vTation,  it  was  deemed  highly  pro- 
per and  neceflar}'  that  the  faid  citizens  ttioujd  adopt 
the  mode  tliey  have,  of  doing  it  by  way  competition 
and  remonllrauce  to  the  prefident — Re£p)¥ed  (with 
only  three  diflcnting  voices)  That  the  pdiition  and  re- 
monftrance  *  originated  in  this  city  on  tlie  eighth  day 
of  July  inftant,  and  fince  circulated  thrdjigh  the  ftate, 
was  and  is  eligible,  refpeftful,  decent,  and  proper, 
cxj)rcflive  of  our  fentiments  and  entitleato  our  entire 
approbation,  fet  on  foot,  no  doubt,  wnji  pureft  in- 
tentions and  calculated  to  produce  the  moft  happy 
confequences :  And  in  order  that  they  may  be  more 
generally  difperfed  than  has  yet  been  pra(^icable — It 
is  further  Refolved  (the  firfl  impreflion  of  t^c  faid  pe- 
titions being  run  out)  That  two  hundred  copies  more 
be  immediately  printed  and  diftributed  under  the  di- 
re<Slion  of  the  chairman  of  this  meeting. 


See  page  182. 


II 


C     i»5     1 

5.  Refolved  (without  a  dlffenting  voice)  That  the 
ten  fenators,  who  voted  againft,  the  ratification  of  the 
faid  treaty,  thereby  gave  a  proof  of  their  independ- 
ence, patriotifm  and  integrity,  and  are  entitled  to  the 
future  confidence  of  the  citizens  of  the  United  States, 
and  in  a  particular  manner  to  the  thanks  of  this  meet- 
ing- 

6.  Refolved  (without  a  dlffenting  voice)  That  Ste- 
phens Thompfon  Mafon,  one  of  the  fenators  for  the 
ftate  of  Virginia,  is  entitled  to  the  higheft  veneration, 
refpc6l  and  efteem  of  his  countrymen,  for  the  oppor- 
tunity he  hath  afforded  them  of  feeing  the  projedlcd 
treaty,  and  of  exercifing  their  conflitutional  right  of 
exprefling  their  opinion  thereon,  and  of  ufing  their 
every  poffible  endeavour  and  influence  to  prevent  its 
ratification, — a  thing  but  too  much  to  be  feared,  if 
the  unjujllfiable  fecrecy  intended  by  a  majority  of  the 
fenite  had  been  ftridlly  adhered  to. 

•p  Refolved,  That  James  Mott,  Goorcje  Anderfon, 
Jofep^  Milnor,  Jofeph  Brumly,  Richard  Throckmor- 
ton, S%yor  P.  Hunt>  Gerfhom  Craft,  Handle  Ric- 
key, CiDtain  William  Smith  (of  Hopewell)  Colonel 
Jofeph  BiHlArly,  William  S.  Moore,  David  Snowden, 
Jeremiah  wl^plfey,  John  Potts,  and  Hill  Runyan,  be 
a  committee, 'ifor  the  purpofe  of  drawing  up  and  re- 
porting refoliftlons  containing  the  reafons  which  influ- 
ence this  meiing  to  difapprove  and  condemn  the  faid 
treaty.  ^ 

The  whole  bufihefs  of  the  meeting  was  conduced 
and  concluded  with  the  mod  perfect  harmony,  good 
order  and  decorum.  . 

^    Signed  at  the  Requeft  of  the  Meeting. 

M.  FURMAN,  Chairman. 
Attefl, 

Jno.  W.  Vancleve,  Secretary, 

R  2 


1 

•; 

■ 

1 

1  ■ 

*.  ■s 


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rf 


U 


C     iS6 


J 


The  Citizens  of  Fl^mlngton  (New  Jerfcy)  and  its  Vi- 
cinityy  having  ft  en  the  form  of  a  Petition*  to  the  Pre- 
fident  of  the  United  States^  praying  that  his  Sandion 
might  be  withheld  from  the  Treaty  agreed  to  by  jfohn 
yay,  Efq,  on  bthulf  of  the  United  States,  ivith  his 
Britannic  Majcfly,  met  on  Tuefday  Evening  hi/},  and, 
after  appointing    Mr,  Jofeph    Atkinfon,   Chairman,, 

RESOLVED, 

I.  T^HAT  tliey  have  a  high  opinion  of  the  abih'- 
JL  ty  and  integrity  of  John  Jay,  Efq.  and  are 
convinced  that  hir,  attaclimcnt  to  his  country  induced 
him  to  contend  fi^r  the  moll  equitable  and  advantage- 
ous terms  that  could  be  obtained. 

2.  That  they  entirely  approve  of  the  condu6l'of 
the  two  thirds  of  the  ftnale  with  refpec*"!  to  the  tnrft- 
ty,  having  full  reliance  on  their  wifdom  and  pjOn- 
otifm.  ^ 

3.  That  the  ability,  tried  virtue  and  magnai^mlty 
of  our  lirfl  magillrate,  does  not  require  petItIo||ing  to 
do  what  is  jufr,  wife,  and  political.  / 

4.  That  the  promotion  of  fuch  petUiOTs,  has  a 
tendency  to  llir  up  the  minds  of  the  peA)le  to  anar- 
chy, dilorder,  .ind  confufion.  m'' 

5.  That  the  f;i*d  form  of  petition  be  configned  to 
the  clement  nivll  figurative  of  the  difpoftion  of  fclf- 
(vcaled  focicly  patrims — which  was  done,  iR'ith  gencral" 
hu//as  for  the  executive  of  the  United  St^es. 

liy  Order  of  the  Chairman,      f** 

IjUCius  W.  *Stockton,  SccretaiTr 


Fl(mlni;ti;.n,  July  23d,    1795. 


'i 


*   ( 


See  pag'e  182, 


C    187    ] 

To  THE  CITIZENS  OF  NEW   YORK. 

Friends  and  Fclloiv   Citizens^ 

WE  perceive,  with  pain  and  regret,  that  you 
are  urged,  with  much  intempc;r:ince  and  heat, 
to  meet  to-morrow,  not  to  conlider  a)id  dlfcufs  the 
treaty  lately  negoclated  with  Great  Britain,  and  to 
cxprefs  the  convitUon  which  fhall  arife  from  a  Tair 
examination  of  Its  merits,  but  to  condemn  and  oppofo 
it  as  a  thing  prejudged. 

You  are  told  that  it  Is  ignominious  and  dlfgraceful ; 
that  it  furnnders  rights  and  privileges  ruinous  to  our 
CQmmerce — that  it  yields  advantages  -which  ice  ought  never 
to  part  with  hut  ivilh  our  lives  ;  that  It  makes  facrifices 
for  which  wc  have  no  equivalent ;  In  Ihort,  tliat  it 
fdjtibs  principles  dangerous  to  the  liberties  and  happi- 
nefe  of  the  people,  and  ddlrudlivc  of  our  freedom 
ana  independence, 

Thefe  are  ilrong  charges  Indeed  againil  the  treaty 
— If  |hey  can  be  made  out,  it  certainly  deferves  tho 
reprolx^tlon  of  every  good  citizen  ;  and  no  man,  faith- 
ful to  tfi^  iiiterells  of  his  country,  ouglit  to  withhold 


the  expreflftn  of  his  abhorrcjice  of  It. 

But  oug('ht  we  haltily  to  believe  that  fuch  charges 
can  be  well  founded?  Can  we  eaiily  be  pertiiaded, 
that  the  cilpzen  who  negoclated  the  treaty,  and  wiiu 
on  all  former  occafions  has  given  decided  proof  of 
fidelity  and  patriotifm,  could  of  a  fuddeh  become  fo 
bafe  a  betrayer  of  the  riglits  and  Interells  of  his  coun- 
try ?  Can  we  Imagine  that  two-thirdd  of  the  reprc- 
fentatlves  of  the  United  States,  In  their  fenate,  would 
have  fan£^ioned  fo  foul  a  trcafon  ?  Can  we  think  our 
mtcrpofition  neceflary  to  prevent  the  ratification  of 
fuch  a  treaty  by  that  wife  and  virtuous  man,  that 
long  and  well-tried  fervant  of  his  country,  in  whom 
the  executive  authority  of  the  United  States  Is  depo- 
fited  ? 


li;*' 


(If' 


Mi- 


ll 
111 


,  I  -.k 


i  it 


If 


C     i88    ] 

No,  Fellow  citizens!  it  is  impofllble  that  the 
frightful  pI6lurc  given  of  the  treaty  can  be  a  juft  one. 
— Such  charges  are  better  proofs  of  the  intemperance 
of  thofe  who  make  them,  than  of  the  defeats  of  the 
treaty. 

You  cannot  but  be  fenfible  that  the  treaty,  if  fuch 
as  it  is  reprefented,  mull  affeA  deeply  the  intercfts  of 
the  mercantile  clafs.  You  cannot  doubt  that  the 
merchants  are  atter  Mve  to  their  interefts,  and  you  can 
hardly  fuppofe  that  they  are  ignorant  of  them. 

For  our  part,  we  profefs  to  you  frankly,  that  we 
have  not  yet  been  able  to  difcover  in  the  treaty,  thofe 
hideous  features  which  are  alledged  to  exift ;  yet  we 
are  difpofed  to  meet  the  reft  of  our  fellow  citizens 
and  to  promote  with  them  a  fair  and  rational  difcuflion 
of  the  fubjf  ft.  We  truft,  however,  that  they  refpe£l 
themfelvcs  too  much  not  to  make  this  a  neceflary  pre-^,, 
liminary  to  their  pronouncing  an  opinion — and  th^ 
they  will  unite  with  us  in  rejefting  any  propofitijns 
which  (hall  be  attempted  to  be  impofed  upon  them 
without  due  inveftigation.  ^ 

Meeting  them  on  this  bafis,  our  ears  will  br  open 
to  truth,  and  we  fhall  be  ready,  according  t^tbe  beft 
of  our  underftandings,  to  concur  in  anif  meafures 
which  can  be  {^own  to  be  confiftent  with  ctie  true  in- 
terefts of  our  country.  We  doubt  not,  you  will  all 
bring  with  you  the  fame  difpoiitions,  and  ^e  earneftly 
recommend  a  general  attendance  upon  tfii^  occafion, 
in  order  that  the  ti*ue  fenfe  of  the  city  may  appear. 

By  Order  of  a  Meeting  of  a  Number  of  Mer- 
chants, at  the  Tontine  Coffte-Houfe,  July 
17th,   1795. 


JAMES  WATSON,  Chairman.. 


: 


[     i89     3 

/it  ajpecial  Meeting  of  the  Corporation  of  the  New  York 
Chamber  of  Commerce,  held  at  the  Tontine  Coffee-Houfe^ 
on  Tuefday  the  lift  of  July  y  1795, — The  late  Trea- 
ty of  ylmity.  Commerce,  and  Navigation  having  been 
previoufly  read,  the  following  Refolutions,  with  the 
Preamble  theretoy  were  propofed,  and  adopted y  viz. 

WHEREAS,  the  treaty  between  the  United 
States  and  Great  Britain,  lately  fanftioncd 
by  the  fenate,  has  been  made  the  fubje(?l  of  public  dlf- 
cufllon,  in  the  warmth  of  which,  milconftruAIons  and 
mifreprefentatlons  have  contributed  to  excite  and  irri- 
tate the  public  nnind. 

And,  Whereas  a  dlfpofitlon  has  appeared,  in  certain 
inftances,  to  influence  the  executive  againll  the  ratifi- 
cation of  the  fald  treaty,  whereby  the  tranquillity  and 
profperity  of  our  country  may  be  endangered  : — there- 
fore, 

Hefolved,  as  the  opinion  of  the  corporation.  That 
the  fald  treaty,  colleftively  confidered,  contains  as  ma- 
riy  features  of  reciprocity,  as,  upon  contemplating  the 
relative  interells  of  the  refpeftlvc  countries,  could  rea- 
fonably  have  been  expelled.  And  that  the  precari- 
ous privileges  of  the  American  trade  to  Great  Britain 
and  her  colonies,  are,  by  thi  'reaty,  changed  into  per- 
manent rights. 

Refolvedy  That  the  provifions  in  the  fald  treaty,  for 
a  quiet  fsrrender  of  the  weftern  polls,  and  an  amica- 
ble adjuftment  of  the  Brltlfh  debts,  a  fair  compenfa- 
tion  for  the  fpollations  upon  our  commerce,  and  for 
the  prevention  of  future  depredations,  are  wifely  ar- 
ranged for  the  great  purpofes  of  national  juftice,  and 
to  preferve  the  bleflings  of  peace. 

Refolved,  That  if  the  treaty  fliould  fail  to  be  rati- 
fied, we  fhould  apprehend  a  (late  of  things  which 
might  lead  to  hoftilitles  ;  In  which  event,  our  navi- 
gation (now  difperfed  in  all  quarters  of  the  globe) 
may  be  intercepted,  our  under-wrlters  injured,  our 
tommerce  abridged,  our  produce  reduced  to  little  va- 


'■■'"i-'i  i 


\':M 


L     '  9^     ] 


■  ' 


If 


III 


'I 


J 


i    ? 


'% 


Iiif,  our  arti/.aii.;,  mechanics  and  labourei.;  (icpiivcii 
of  cmplo}  mjTit,  our  revenue  dlminifhcd,  and  the  li\cs 
of  our  fellow  citizens  faenTiC'  d. 

Kcfolvcd,  'J^hat  ulth.ouj^h  the  ratification  of  thi'< 
treaty,  for  the  fcregoiiig  reafons,  appears,  to  u;:,  un- 
der a'l  circumdnnces,  expedient  ;  yet  wc  clieerfuUy 
rell  it  where  it  is  placed  by  the  conllitution  :  in  full 
confidence,  that  th«^  wifdoni  and  firmnefs  under  which 
our  independence  has  been  atchleved,  and  our  pro  • 
)vrcfs  to  wealth,  power,  and  refpv (^lability  promt^ted 
beyond  a  p.tiMiL'l,  will,  in  this  inltance,  determine  fof 
the  IkO  ijit.rdU  of  thi^  c'luntiy. 

Refolvcd,  I'h.^t  the  puiident  of  thit)  chamber  cauA: 
a  copy  r.f  tli.fe  refol'.iiiong  to  be  certified  by  the  fc- 
crctary  iw.d  rrnnrmltttvi  without  delay  to  the  prcfideut 
«f  the  United  States. 

By   Order  of  the  Corporation  of  iht 
New  York  Chamber  of  Commerce. 

C.  SANDS,  Prcfidcnt. 

A  true  Extradl  from  the  Minutes. 
Atteft, 


WM.  LAIGHT,  Secretary. 


From  the  PMiL.iDi: lphia  GAZBtTE, 


Mr.   Bp-Owr<, 


Sunluryy  Ju^y  20,    1795* 


T  OBSE  R-VE  In  ihc  ncwfpapers,  that' It  fccms 
J.  to  he  univcrfally  taken  for  granted,  tliat  the  prc- 
fident  has  a  negative  on  the  proceedings  of  the  fcnate, 
refpectir.g  the  treaty  with  Great-Britain.  We  arc 
Informed,  that  petitiono  are  framing,  to  be  prefented 
to  him,  to  withhold  his  affent  to  the  treaty  ;  and 
that  wagers,  to  a  confiderable  amount,  have  been 
adlually  laid,  that  he  will  accede  to   it,  o^:  reject  it^. 


li.^.-.. 


795' 


■  pre- 
date, 
e  arc 
icntcd 
and 
been 


L    191    J 

according  as  tlic  wiilics  or  prlncIpK^  of  pciioiis  Iiavi* 
preponderated  on  the  fuhjec^.  1  confcL,  iir,  I  Ijavc 
been  a  little  lurprlfcd  at  all  this" ;  hccruiit  I  hy  no 
means  think  tlic  pofitiou  an  ohvioiu^  and  undeniable 
one,  tliut  the  prclldctit  has  a  controulin^^  power,  In 
the  prefcnt  Jla^r  of  the  bullnef;^,  on  v.luit  the  fenate 
liavc  done. 

The  Avords  of  the  conftitiitloa  Pre,  "  he  (the  pre- 
fident)  (hall  have  power,  by  and  with  tlie  advice  and 
confent  of  tlie  fenatc,  to  make  treaties,  provided  two- 
thirds  of  the  fenators  prefent,  concur  ;  and  he  fliall 
nominate,  and  by  and  with  tlie  advice  and  confent  of 
the  fenate,  fhall  appoint  ambaffadors,  other  public 
minilters,  and  confuls,  jndges  of  the  fupreme  court, 
and  all  other  officers  of  the  United  States,  whofe  ap- 
pointments are  not  herein  otherwife  provided  for,  and 
which  Ihall  be  ellabliflicd  by  law." 

From  thefe  cxprefiions  It  is  clear,  the  prefidcnt  can 
make  no  treaty,  nor  appoint  an  ambafl'adt)r,  without 
the  confent  and  advice  of  the  fenate.  It  is,  therefore, 
of  great  importance  to  afcertain  the  time  nvhen  this 
confent  and  mh'ice  of  the  fenate  Is  to  be  given,  and 
the  force  and  meaning  of  the  cxprcHions.  In  the 
ufual  and  ordinary  method  of  a])pointIng  officers, 
the  moment  the  fenate  confent  to  the  nomination 
made  by  the  prefident,  and  advifc  him  to  make  the 
appointment,  it  is  allowed,  on  all  hands,  he  is  con- 
llitutionally  obliged  to  appoint  fuch  officer.  The 
fenate  Indeed  make  life  of  the  words,  **  confent  ana 
advife,"  In  reply  to  the  prefident's  nomination  of  per- 
fons  to  fill  offices.  But  thefe  words  are  the  teclinlcal 
and  conftltutional  language  prefcribed  to  them  ;  and 
while  they  deprive  him  of  all  option  as  to  the  appoint- 
ment, do  clearly  imply  an  obligation  to  appoint  on 
the  part  of  the  prefident.  In  the  cafe  of  a  treaty 
being  laid  before  the  fenate,  and  their  giving  their 
confent,  and  advlfing  the  prefident  to  ratify  It,  I  can 
fee  no  reafon  why  a  fimllar  conftru6tIon  fiiould  not 
be  adopted.     The  words  are  the  fame  in  both  cafes, 


I*    I, 


Wm 


%■ 


■  A 


i:  19^  ] 


m 

I^V'M 

9^^ 

t 

( 
i 

^Hf''  ^> 

! ' 

H^r    id 

[I  * 


il 


^il  'i 


I    I 


J! 


I  ;i 


•ri 


1 

rxccpt  tliat  in  the  appointment  of  officers,  tlie  word 
'*  nominate,"  is  ncccflarily  introduced.  The  treaty, 
in  tiie  Jitjl  wjlancc^  is  made  by  the  prefident — and  he 
may  therefore  be  confidered  as  having  conilitutionally 
ufed  that  power  of  making  treaties^  with  the  confent 
and  advice  of  the  fcnate,  which  the  conllitution  has 
given  him.  His  laying  it  afterwards  before  the  fe- 
nate  for  their  advice  and  confent,  is  not  merely  with 
a  view  to  confult  them  or  take  their  opinion.  If  this 
were  the  cafe,  the  fenate  of  the  United  States  would 
be  a  colltftlon  of  mere  cyphers.  If  the  prefident  can, 
in  this  maniier,  put  his  veto  on  their  "  advice  and 
confent'*  ^words  which  I  apprehend  are  equivalent  to 
an  order  or  command)  it  is  evident,  that  inilead  of 
the  fenate  having  any  real  power  in  the  making  of 
treaties,  they  will  net  have  even  the  (hadow  of  it. 
The  prefident  will  be  the  fole  maker  of  all  treaties  : 
and  fhcuL!  it  happen,  which  is  very  poflible,  that  the 
fenate  unanimoufly  confent  to  a  treaty  and  advife  the 
ratification  of  it,  ftill  the  prefident  may  refufe  to  fol- 
low their  advice  and  over-rule  the  opinion  of  the  whole 
fenate.  However  clearly  and  unanimoufly  they  may 
concur  in  the  idea,  that  the  treaty  is  highly  benefici- 
al to  their  country,  yet  the  opinion  of  a  fingle  man  ifj 
fufficient  to  outweigh  the  united  judgment  cf  the 
whole  fenate  on  this  moft  interefting  queftion.  This 
do£lrine  does  not  look  very  republican  ;  and  feems  to 
clafh  with  the  general  principles  of  the  conftitution, 
which  has  guarded,  with  extreme  caution,  againft 
truiling  power  in  the  hands  of  onej  in  oppofition  to  the 
vvilhes  and  opinions  of  many. 

Let  it  be  fuppofed,  the  prefident  receives  a  treaty 
from  a  foreign  miniller,  and  that  he  cordially  difap- 
proves  of  it.  The  fenate,  however,  on  his  laying  it 
before  them,  think  quite  differently,  and  unanimoufly 
give  their  confent  to  it,  and  advife  him  to  ratify  it. 

In  this  cafe,  pray,  Mr.  Brown,  whofe  opinion  is  to 
decide  the  queftion  ?  Is  the  prefident,  by  refufing  to 
ratify  the  treaty,  to  defeat  the  wi(hes  of  the  United 


-  .f,:-  -   ,1    :  i  •- 


[     >93     1 

States,  as  expreflcd  by  the  united  vo'cc  of  tlic  whole 
national  body?  I  confcfs,  fir,  I  extremely  d<Mibt 
whether  this  be  the  genuine  conllru<fii(»n  of*  the  fede- 
ral coiiftituiion — it  would  rather  feem,  the  po'ti'tr  lie 
has  of  mak  ng  treaties,  witli  the  advice  and  confeiit 
of  two-thirds  of  the  fenators,  (hould  be  deemed  to 
extend  no  fu.ther  than  his  making  them,  in  thi  firjl 
inJl.fncCf  throu^;h  the  medium  or  channel  of  the  fo- 
reign nnniiter:^,  and  that,  when  hiid  before  the  fenatc, 
their  opinion  ii  ^^//.v/ thereon. 

This  conllrndtion  will  fatisfy  the  words  of  the  con- 
ilitution,  without  making  a  eynlur  of  the  prefident 
on  the  one  hand,  or  of  the  whole  fenatorial  body  on 
the  other.  The  'prefident,  according  to  this  idea, 
will  pofTefs  the  power  of  making  treaties^  but  not  to 
the  exelulioii  of  ihc  fenate.  And  the  fenate,  by  their 
*'  confent  arifi  nrh'ury**  will  poflefs  the  ultimatum  on 
the  fubjetl  of  foreign  treaties,  which  the  conllltution 
has  veiled  in  them. 

What  arc  the  forms  of  makin;r  treaties  bv  the  exc- 
cntive  of  the  United  States,  1  am  not  certainly  in- 
formed ;  but  have  underflood,  he  fends  a'iroad  the 
minifter,  without  previoiijly  ommuin'cating  to  tlu 
fenate  the  iutlrudlions  given  to  him.  A  treaty,  therj- 
fore,  made  under  fuch  circumftances,  may,  with  great 
propriety,  be  viewed  as  one  ;//  uh  by  the  prefident 
within  the  words  of  the  conflitution.  And  it  would 
})e  (Irange  to  fay,  that  he  fhould  not  oiily  have  the  fii  (l 
concodlion  of  the  treaty,  but  the  ultimate  power  of 
rejcdling  it,  in  oppofition  to  the  fenate ;  making 
them  a  parcel  of  non-entities.  And  on  the  other 
liand,  even  if  the  inflrudlions  for  the  ufe  of  the  am- 
balTador,  drawn  up  by  the  prefident,  are  hid  before 
the  fenate,  and  approved  of  by  them,  1  do  pot  fee 
how  this  could  alter  the  cafe ;  becaufe  the  prefident, 
by  fuch  adl,  has  exerclfed  his  power  in  making  the 
treaty,  and  therefore  can  never  afterwards  controul  the 
vote  of  the  fenate,  approving  or  rejedling  fuch  treaty. 

■  .      .  ■  .O  ,  •  •      ;     ■  i        ■■ 


U 


•  M 


./■>* 


n 


'^. 


[     194    ] 

In  fhort,  Mr.  Brown,  the  conftruftion  that  will  he 
moll  agreeable  to  the  fcope,  fpirit,  and  genius  of  the 
conftltution,  and  at  all  times  hereafter  fafe  for  the 
United. States  (for  too  much  power  cannot  be  trufted 
to  the  prefent  illuftrlous  charadler  who  fills  the  office 
of  the  executive)  will  be,  to  confider  the  prefident's 
laying  a  treaty  befor^.  the  fenate,  in  the  fame  light  as 
his  nominating  a  .gentleman  to  an  office.  Jn  this 
latter  cafe^  their  confent  and  advice  is  equivalent  to  a 
command,  and  carries  with  it  a  conjlitutional  ohligation 
%o  appoint  the  perfon  nominated.  In  like  manner, 
their  confent  to  a  treaty  made  by  the  prefident,  and 
their  advice  to  him  to  ratify  it,  are  final,  conclufive, 
and  obligatory  upon  him.  In  both  cafes,  he  is  con- 
templated by  the  conftitution  as  the  agent,  the  inftm- 
jrnent,  or  prime  mover  in  the  bufinef?.  But  it  is  the 
fenate,  JlriSly  fpeaking^  who  make  (;he  treaty,  and  ap- 
point the  officer,  through  the  means  and  by  the  qfflflaace 
of  the  prefident ;  who  poffeffes  the  power  indeed  of 
bringing  the  objects  into  the  view  and  contemplation 
^f  that  body  and  that  is  alL 

A  FEDERALIST. 


N.4..4..« 


f       I 


From  the  (New  York)  Minerva. 

Vindication  of  the  Treaty 

0/  Amity ^  Commerce,  and  Navigations  mth 

Great  Britain. 

No.  I. 

THE  treaty  between  Great  Britain  and  America 
has  been  a  matter  of  great  public  expedation, 
and  it  has  been  rendered  more  interefting  by  the  time 
and  manner  in  which  the  negociation  originated. 

Before  the  revolution  in  America,  the  people  of 
^he  then  colonies  were  under  the  government  of  Great 


i:  195  1' 


\ 


Britain  j  they  confidered  themfelves  as  children  of  tbc 
i'fime  family  ;  their  trade  was  almoft  limited  to  the 
Britiih  dominions  ;  the  Americans  had  eftates  in  Great 
Britain,  and  monies  in  her  funds ;  an  extenlive  com- 
merce had  created  innumerable  debts  and  conncftionn 
between  the  two  countries,  which  could  not  be  at 
once  difcharged  and  difTolved. 

A  long,  expenlive,  and  bloody  war,  to  refift  the 
unjuft  claims  or  the  Britiih  parliament,  attended  with 
many  inftances  of  atrocious  cruelty  and  perfidy  on  the 
p:^rt  of  the  Britiih  governors  and  commanders,  alien- 
ated the  affedlions  of  the  g^eat  body  of  Americans 
from  the  mother  country.  On  the  reftoration  ot 
peace,  however,  and  the  acquifition  of  independence, 
the  enmity  of  the  Americans  gradually  fubfided  ;  and 
the  ufefulnefs  of  the  commerce  of  England  to  thefe 
ftates,  being  every  where  experienced,  foon  revived 
the  habits  of  friendly  intercourfe  between  America 
and  Great  Britain,  which  had  been  inten'upted  by 
the  war — an  intercourfe  which  was  not  much  affefted 
by  the  controverfies  between  the  two  governments  on 
account  of  the  inexecutlon  of  the  treaty  of  peace. 
AlmOil  as  foon  as  the  acceptance  and  organization  of 
a  conftitution  for  the  United  States  had  given  them  a 
national  capacity,  it  was  the  wifh  and  defire  of  Ame- 
rica to  form  a  commercial  treaty  with  Great  Britain  ; 
and  Mr.  JefFerfon,  in  a  letter  to  Mr.  Hammond, 
dated  Nov.  29,  1791,  requefted  to  know,  whether 
he  was  authorized  to  enter  into  a  negociation  for  that 
purpofe. 

The  circumftances  which  operated  to  defeat  the 
attempts  of  our  executive,  and  the  controverfies  be- 
tween the  governments  of  the  two  countries,  relative 
to  the  non-fulfilment  of  the  treaty  on  one  fide  and  the 
other,  are  in  every  man's  recolleftion  ; — it  is  needlefs 
to  mention  them  here.  It  is  fulficient  for  my  pur- 
pofe, that  the  prefident  was  authorized  by  the  public 
vvllhes,  to  negociate  a  commercial  treaty  with  Great 


I  .'I! 


m 


tt«         s 


!>■  li 


I'  • 


•A 


I    ! 


!■    *  .4 


.e^r  »CM/A<«#„ 


^'^*Lv.'n '  n.  ^ 


■*i 


■I 


m    ■ 


1    I    i 


Britain  ;  ahd  he  is  vefled  with  full  powers  for  this  piu> 
pofe  by  the  conltitiition. 

The  uniform  dtfire  of  congrefs  t)n  this  fubje<ft,  is 
a  complete  anfwer  to  all  cavils  about  the  exertion  of 
the  preiident*8  coi)flitutional  powers.  It  was  the  na- 
tion, the  United  States,  that  requeded  and  urged  for 
a  uegocltttion. 

This  alfo  is  an  anfwer  to  the  men  who  fay,  the  peo- 
ple of  America  fuppofed  the  appointment  of  Mr.  Jay 
ar»  envoy  extraordinary,  was  intended  only  to  demand 
and  procure  a  redrefs  of  wTongs,  and  indemnification 
for  fpoliations  on  our  trade  j  and  not  for  the  negocia- 
tion  of  a  commercial  treaty. — Whatever  opinion  peo- 
ple formed  of  the  embafly,  the  inftruclions  given  to 
the  envoy  were  in  purfuance  of  conllitutional  powers  ; 
and  if  the  people  are  furprized  with  a  treaty  of  amity 
and  commerce,  before  they  expe£led  it,  this  forms  no 
objedlion  to  the  treaty  itfelf.  -«) 

The  time  fciedted  for  this  negociation,  and  the 
cxercife  of  the  preiident*s  powers,  at  the  critical  mo- 
ment, when  the  public  mind  in  America  was  in  a  vio- 
lent flame,  on  account  of  the  feizure  of  our  velfels  by 
Britifli  privateers,  and  when  hoflilities  were  expected 
between  the  two  countries,  however  offenlive  to  a 
party  in  America,  are  among  the  moft  fortunate  cir- 
eumllanccs  of  this  whole  hufmefs. 

The  fequcftration  bill,  then  before  congrefs,  in- 
volved in  it  the  events  of  peace  or  war.  The  bill, 
had  it  paflcd,  would  have  beex  confidered  by  Great 
Britain  equivalent  to  iffuing  letters  of  marque  and  re- 
prifal,  and  tantamount  to  a  declaration  of  oftilities  ; 
and  probably  that  aft,  had  it  been  fan<Elioned  by  the 
ftveral  branches  of  the  legiflature,  would  have  plunged 
us  into  the  prefent  moft  calamitous  war. 

Such  a  confequence  was  confidered  by  the  prefident 
as  little  lefs  than  inevitable.  As  a  conftituent  branch 
of  the  legiflature,  and  chief  magiftrate  of  the  nation, 
he  had  a  right  to  exert  the  powers  he  poffefled — and 
if  he  thought  the  houfe  of  reprefentatives  were  rafli 


.-^  .f-..^«._„  .  


■iV- 


!i:  I 


C    197    ] 

in  their  meafures,  it  was  his  duty^  as  the  chief  guar- 
dian of  the  pubh'c  fafety,  to  exert  any  of  his  confti- 
tutional  powers  for  the  purpofes  of  arrefting  thofc 
meafures.  It  was  as  much  his  right  and  his  duty  U^ 
interpofe  negociation  as  a  means  of  checking  any 
meafures  that  he  deemed  inconfillent  with  our  national 
intereft,  if  he  judged  that  the  bell  means,  as  it  is  to 
give  his  negative  to  a  bill  that  has  pafled  the  other 
branches  of  the  legiflature,  when  he  judges  the  bill 
unconftitutional  or  inexpedient. 

The  nght  of  the  prefident  to  interpofe  negociation,  , 
at  the  time  he  did,  cannot  be  difputed.  The  expedi- 
ency of  the  meafure  will  perhaps  never  be  admitted  by 
its  oppofers ;  but  every  fubfequent  event  has  ferved  to 
convince  the  friends  of  our  prefent  adminiilration,  . 
thai:  the  meafure  was  highly  expedient  and  the  time 
well  chofen. 

That    the   prefident  was  right   in  reforting  to  a  . 
peaceable  demand  of  indemnification  for  fpoliations  on  : 
our  commerce,  is  capable  of  the  higheft  proof.     The 
law  of  nations  makes  it  a  diityj  on  the  part  of  a  na- 
tion thus  injured,  to  make  1  peaceable  requifition  of  " 
damages  or  reftoration  of  property,  from  the  aggreff- 
ing  nation,  before  the  commenc£ment  of  hoftilities. 

Valttel,  book  3,:  chap.  3^  lays  it  down  in  the  mod  I 
une<^uivocal  latiguage,  that  an  injured  n^ition  has  no  , 
right  to  refort  to  force  for  fatisfa<5lion,  until  other 
means  of  obtaining  it  have  proved  fruitlefs,  . 

In  confqrnfMty  with  this  prindple  of  the  law.  of  na-  - 
tions,-,it  is'  often  ftipulated  by  treaty^  that  letters  of ." 
Aiarque  and  t-eprifal  (hall  not  be  granted  by  an  injured  ; 
nation,  until  means  , of  redrefs .  have  been  fought  in 
the  ordinary  caurfe  of  juftice.  .  Of  this  tenor  is  the- 
third  article  of  .the  treaty  of  navigation  and  court-  • 
merce  between  Great  Britain  and  Spain,  dated  17 15,  . 

It  was  in  purfuance  of  thid  mdit  falutary  prihciiple,., 
that  the  prefident  appointed  an  envoy  extraordinary  at  . 
thtf-vtiipe  he  did  J  and  it  was  undoubtedly,  in  bthffi*' 


M    f 


'b  A  ' 


,1 


[    '98    } 

refpe^ts,  highly  expedient ;  as  no  moment  could  be 
more  eligible  for  a  n^'goclation  with  England,  than 
when  (lie  was  engaged  in  an  expenllve  and  unfuccefs- 
ful  war  :  a  wi.r  that  entrenches  det-ply  on  her  refources, 
and  demands  a  minute  attention  to  her  commercial 
intertlts. 

But  my  oppofers  will  fay,  **  We  admit  the  propri- 
ety of  negociation,  before  the  commencement  of  ho- 
llilities ;  but  we  contend  that  our  envoy  (hould  have 
been  rcftridted  to  a  demand  of  the  weftern  pofls,  and. 
indemnification  for  loffes  by  illegal  captures,  and  con- 
demnation of  our  veflels  and  property.  It  was  never, 
underftood,  that  Mr.  Jay  had  inftru6lioD5  to  make  a. 
commercial  treaty.*'  •  i. 

This  objedion  amounts  to  nothing,  and  deferves  no 
anfvver.  The  prefident  had  as  good  a  right  to  autko- 
rize  Mr.  Jay  to  conclude  a  treaty  of  amity  and  com- 
merce as  any  other  man  ;  and  he  had  the  fame  right 
to  choofe  one  time  as  another. 

Having  made  thefe  preliminary  remarks  on  the 
origin  of  this  negociation  and  treaty,  I  will  proceed 
to  anfwer  fuqh  objeftions  to  the  treaty  as  have  come 
to  my  knowledge. 

The  daily  invectives  of  newfpaper  paragraphifts. 
will  be  pafTed  without  notice.  This  is  treating  them 
as  they  defence  to  be  treated,  and  as  they  are  in  fa«Si. 
treated  by  the  public. 

A  writer  in  a  morning  paper  tinder  the  fignature 
of  Dec'ius,  appears  to  have  aflailed  the  treaty  with 
more  ingenuity  than  any  other  writer  whofe  argu-. 
ments  I  have  read  ;  and  it  is  probable  that  his  writings 
comprife  the  amount  and  force  of  all  the  objections, 
that  are  made  to  it.  I  {hall  therefore  take  his  objec-. 
tions  in  the  order  they  are  publifhed,  and  endeavour 
to  prove  them  of  little  weight,,  or  w^holly  unfounded^ 

The  firft  remarks  of  this  writer  are  aimed  at  the 
candour  and  integrity  of  the  twenty  members  of  the 
fenate,  'who,  he  intinuates,  ratified  the  treaty  from, 
niotii  w  of  fiarty  fptrit^      He  dpcs  not  indeed  exempt 


A' 


li! 


C    199    3 

tlie  minorty  from  the  fame  cenfure  of  their  coiidu(f^*. 
But  what  refutes  the  inlinuation  is,  the  rcjeftion  of 
the  twelfth  article  by  the  men  thus  criminated.  Cer- 
tainly the  fpirit  of  party  was  not  the  governing  mo- 
tive ;  for  party -fpirit  is  unconceding  and  goes  all 
lengths  to  carry  its  points.  The  rejedlion  of  that  ar- 
ticle, becaufe  it  entrenches  too  much  on  our  carrying 
trade,  in  the  opinion  of  thofe  gentlemen,  is  a  proof 
that  the  interejl  of  commerce  and  the  public  good  wtrc  the, 
motives  of  their  condu£l  in  alfenting  to  evciy  other 
part  of  the  treaty^ 

His  next  remark  is  levelled  at  the  fecrecy  of  the: 
fcnate,  in  condutling  the  debates  on  the  treaty.  **  Is, 
not  this  fecrecy  alone,"  fays*Z)m«j,  "  a  proof  that 
the  fenate  conceived  it  difgraceful  and  prejudicial  to. 
tho.  United  States  ?/* 

Let  me  alk  that  writer  a  candid  queftion  :  Has  not. 
eveiy  treaty  which  we  have  made  with  other  nations, 
been  concluded  and  ratified  in  fecret  ?     And  is  there 
one  of  thofe  treaties  difgraceful  or  prejudicial  to  our 
nation  ?    No  objedllon  was  formerly  made  to  thefc  fe-^ 
cret  ratifications.     Why  fhould  reafons  now  exill  for 
opening  the  difcuflion  of  treaties  to  the  people,  which 
did  not  exiP  in  1783  and  1785  ?    The  reafon  is  ob-. 
vious  :  Americans  were  foi*merly  under  no  influence 
but  that  of  propriety  ;    they  adied  themfelves- — Now 
a  party  of  them  have  deferted  the  principles  which, 
formerly  guided  our  councils,  and  appear  to  be  am-. 
bitious  only  of  finding  opportunities  to  rail  at  all  fl;ea-H 
dy  wifdom,  and  to  commit  our  intereils  to  paffion  andL 
party. 

The  fecrecy  of  negociations  with  foreign  pow^ers,. 
through  every  ftage  of  the  bufinefs,  is  didlated  by, 
found  policy.  By  making  treaties  public  before  they 
are  ratified,  advantages  would  often  be  loft,  and  by. 
deftroying  confidence  and  freedom  of  communication^, 
t;he  bufinefs  would  be  often  impeded  or  wholly  defeat- 
ed. Nothing  marks  the  fenfe  of  mankind  on  thi^ 
fubjed,  better  than  the  pradice  pf  individuals,  who 


I'f 


t 


d\  'W 


■.•■?*. 


i„! 


d 


r 


'^* 


I 


i 


B."i' 


m 


a' 
i  •• 


f      200      3 

generally  ufc  fecrecy  in  all  important  contrails  of  their 
own.  This  common  practice  is  a  proof  of  its  utility. 
Much  more  neceflary  is  it  in  treaties,  which  are  nati- 
onal contracts  or  conventions. 

Another  remark  of  Deciusy  worthy  of  notice,  is,  thaj^ 
the  "firft  impreflions  made  by  the  treaty  were  unfa- 
vorable— all  men  and  all  ranks  [what  ranks  ?  this 
writer  has  certainly  forgotten  one  article  of  democracy 
-'^equality']  united  in  condemning  it." 

This  remark  has^  fome  foundation,  and  the  faft  is 
eafily  accounted  for.  The  firft  impreflions  on  the 
minds  of  the  public  were  made  by  an  abftradt  of  the 
treaty,  which  was  publifhed  incorrectly,  and  there  are 
flrong  fufpicions  that  it  was  done  with  the  infidious 
view  of  exciting  improper  impreflions.  The  abftraft 
was  faid  to  have  been  made  from  memory.  This  can- 
not be  true.  It  is  not  in  the  power  of  man,  after- the 
moft  careful  perufal,  to  make  out  fo  large  an  abftra6tf , 
without  the  help  of  notes,  of  twenty  eight  articles 
of  a  treaty,  without  intermixing  the  articles  in  the 
Iketch.  The  bufmefs  muft  have  been  dc)ne  with  de- 
fign  ;  and  it  was  inexcufable  in  any  man  to  offer  to 
the  public  a  Jketch^  much  more  an  incorrect  one,  of  fo  v 
important  an  inihument. 

Thefe  unfavorable  impreflions,  however,  anfwered ": 
the  views  of  men  who  perfedlly  well  underftood  the 
importance  ^^ prepojfefftng  the  public  mind     They  ex-  , 
cited  a  temporary  clamor,    and  have  perhaps  made  a 
few  weak  iriends'  to  an  expiring  caufe. 

But  the  clamor  of  the  moment  fubfide'd  on  reading 
a  correal  copy  of  the  treaty — men  all"  agreed  it  was 
not  fo  bad  as  they  expe6led.  Still  many  well  mean- 
ing people  do  not  underfl.and  it ;  and  every  poflible 
effort  is  ufed  to  didort  and  mifconilirlie  fome  paflages 
«if  the  treaty  which  affe^  the  commerce  of  the  coun- 
try. 

The  violent  cenfare  of  the  treaty  which  prevailed 
©n  its  firft  publication,  in  fkeleton,  and  the  moderati- 
on of  the  clamor  on  i^urther  peruf;^  of   it,   iufteadof : 


C      201       ] 

being  a  proof  that  the  treaty  Is  in  itfelf  bad,  is  a  (uV^ 
ilantial  argument  in  its  favor — it  is  a  proof  that  it 
bears  examination — and  it  is  a  proof,  further,  of  what 
we  fhould  all  regret,  that  the  pqjftons  of  men  outftrip 
their  judgment* 

Should  the  final  refult  of  the  bufinefs  prove  to  bej 
what  I  am  confident  it  will  be,  a  general  conviAion 
that  the  treaty  is,  on  the  whole,  a  favorable  one  for 
the  United  States,  and  the  moft  favorable  of  any 
treaty  we  have  yet  formed  ;  the  public  will  view  with 
Indignation,  the  infidious  attempts  that  have  beea 
made  to  excite  a  ferment,  and  oppofition  to  its  ratifi- 
cation, as  well  as  to  load  with  unmerited  cenfure  the 
able  minifter  who  condudled  the  negociation. 

No.  II. 


^  :  ;l]i 


lit 


THE  preamble  of  the  treaty,  fays  Deems,  is  not  free 
from  objedlions.  It  ftates  that  the  differences  between 
the  countries  are  to  be  terminated  "  without  reference 
to  the  merits  of  their  complaints."  Declus  fays,  the 
merits  of  the  controverfy  fhould  never  be  loft  fight  of. 
But  when  this  exprcffion  is  explained,  I  believe 
every  candid  man  will  juftify  it  in  the  prefent  inftance* 

The  merits  of  the  co?ffpIainfs,  in  this  inttance,  refer 
foltly  to  the  queftion,  "  which  party  fir  ft  violated  the 
treaty  of  peace.*'  On  the  firft  opening  of  the  neg  - 
elation  between  the  minifters  of  the  two  couiitrler, 
this  became  an  important  point  of  difcuflion  The 
American  envoy  alleged  the  firft  breach  of  the  trea- 
ty to  be  on  the  part  of  Great  Britain,  and  mentioned 
the  carrying  away  of  the  negroes. 

The  Englifli  minifter  maintained  that  this  was  not 
a  violation  of  the  treaty.  As  this  fubjedl  has  occa- 
fioned  as  much  altercation  as  any  point  between  the 
two  countries,  and  as  the  filence  of  the  prefent  treaty 
on  that  fubjedl,  is  the  ground  of  violent  clamor,  I  will 
anticipate  a  confideration  of  this  point,  which  would 
more  properly  fall  under  3  fybfecjiient  article^ 


^i 


■f  ,'V' 


i^': 


h      i. 


I        11 


li 


[       202       ] 

Whenever  our  minifters  have  urged  the  claim  of 
reftitution  or  compenfatlon  for  the  negroes,  the  Bri* 
tifh  miniftiy  have,  invariably^  anfwered  them  with  the 
following  remarks : 

"  The  negroes  carried  from  America  by  the  Bri- 
tifh  armies,  were  taken  by  the  troops  on  their  march- 
es through  the  country,  or  came  in,  by  proclamation, 
and  put  themfelves  under  our  prote6lion. 

"  The  claufe  of  the  treaty  on  which  you  ground 
your  claim  is  in  thefe  words — "  his  Britannic  majefty 
fhall,  with  all  convenient  fpeed^  and  without  caufing 
any  deftru£lion,  or  carrying  away  any  negroes  or  other 
property  of  the  American  inhabitants,,  withdraw  all  his 


armies,  &c." 


"  By  the  laws  of  the  American  dates  negroes  are 
confidered  as  property  as  much  as  cattle  ;  you  claim 
them  as  property  for  the  men  who  were  their  proprie- 
tors. By  the  laws  of  war^  univerfally  admitted,  eveiy 
fpecies  of  moveable  property  found  and  taken  in  an 
enemy's  countr)',  becomes  the  property  of  the  captors. 
By  the  feiz^ure  and  poffeflion  of  the  negroes,  the  Bri- 
tish armies  became  the  rightful  owners ;  the  negroes 
were  hooty^  aa  much  as  the  horfes  and  cattle  taken  by 
the  fame  troops., 

"  Suppofe  an  American  boat  loaded  with  goods,  to 
be  taken  on  one  of  your  rivers  in  the  time  of  war, 
would  not  that  boat  and  goods  be  a  fair  prize  ?  Sup- 
pofe a  horfe  to  ftray  into  the  Britifh  lines  and  be  tak- 
en j,  would  not  that  horfe  belong  to  the  captors  ? 
Could  a  claim  be  reafonably  interpofed  for  reftitution 
or  compenfatlon  in  thefe  cafes?  Whether  they  were 
feduced  or  forced  from  the  plantations,  if  they  were 
property f  that  property,  on  their  coming  into  poffefli- 
on of  the  Britifh  army,  was  changed,  according  to 
all  the  laws  of  war.  .-* 

**  The  claufe  of  the  treaty  contemplates  negroes 
which  were  American  property  at  the  date  of  the  ftipu- 
lation.  "  Negroes  or  other  property'*  are  the  words. 
But^  the  negroes  which  our  troops  had  taken  in  tkeir 


ffnarcliesy  or  which  had  put  themfelves  under  their 
protedlon,  were  not,  at  that  time,  the  property  of 
American?. 

<*  On  this  conftrufltony  which  we  hold  to  be  the 
only  rational  one,  that  clauie  of  the  tr^'aty  will  not 
maintain  your  claim.  The  treaty  may  include  flaves 
which  were  within  the  Britifti  lines,  in  pollcflion  of 
their  American  mafters  \  hut  there  is  no  pretence  that 
fuch  were  carried  away  by  the  Britifh  troops. 

**  Befides,  .we  cannot  furrender  negroes  which  came 
into  our  lines  on  the  faith  of  proclamations,  without 
a  violation  of  that  faith  ;  which  cannot  be  done. 
We  promifed  them  freedom  and  proteAion — we  gave 
them  that  freedom,  and  we  muft  prote^  them." 

Such  is  the  fubftance  of  the  miniftry's  reply,  to  the 
claims  of  our  envoy,  which  were  repeatedly  urged 
without  fucccfs. — And  the  Britifti  miniftry  have  inva- 
riably put  the  fame  conftruftion  on  that  claufe  of  the 
treaty  of  peace.  Indeed  it  feems  difficult  to  anfwer 
this  reafoning. 

Either  the  negroes  "VJtxtJlaves  and  property^  or  they 
were  not.  If  they  were  flaves  and  property,  as  con- 
fidered  by  the  laws  of  raoft  of  the  American  ftates, 
the  Britifh  had  the  fame  right  to  feize  and  carry  them 
away  as  booty,  as  they  had  to  feize  and  carry  away 
horfes  and  cattle ;  a  right  of  war  that  was  never  dil- 
puted.  In  this  cafe,  the  property  was  changed  the 
moment  they  came  into  the  pofTeffion  of  the  Britifh 
armies,  and  at  tlie  date  of  the  treaty,  they  were  not 
American  property,  and  coofequently  not  included  in 
;the  ftipulation  of  the  treaty. 

If,  on  the  .  other  hand,  the  negroes  were  freemen^ 
•they  had  a  right  to  put  themfelves  under  Britifh  pro- 
te^ion,  and  we  have  no  fhadow  of  claim  to  reflituti- 
,on  or  compenfation. 

I  am  one  who  believe  that  no  property  can  be  ob« 
tained  in  human  flefh,  and  any  law  authorifing  the 
purchafe  and  detention  of  a  human  being,  as  property ^ 
is,  ipfo  fadk(«   void.— -Should  this  pofkion  be  well 


.'t  ^■■ 


'^^ 


,!»'''i 


..ik' 


t  204  ] 


.'!.  !, 


^founded,  we  have  not  a  fliadow  of  pretenfion  to  tliC 
negroes  carried  away  by  the  Britifli  troops. 

But  the  laws  of  many  of  the  ftates  do  confider 
tliem  as  property ;  whether  rightfully  or  wrongful- 
ly, is  not  now  the  quefllc)n.  If  we  confider  them 
as  property f  they  are  to  be  ranked  amoDg  peffonal  ef- 
tatcB,  for  they  certainly  are  not  renl  ellate. 

Now  Mr.  Jefferfon,  a  man  of  eminent  talents,  and 
the  oracle  of  my  antagonifts,  admits,  in  the  fuUeil 
extent,  the  dodrlne,  that  all  perfonal  eftate  is  right- 
fully feizable  by  enemies  in  war.  The  following  are 
his  words : — 

»  "  It  cannot  be  denied,  that  the  flate  of  war  ftrit^ly 
admits  a  nation  to  feize  the  property  of  its  enemies, 
found  within  its  own  limits,  or  taken  in  war,  and  in 
whatever  form  it  exiits — whether  in  adion  or  poflefli- 
on." 

In  confirmation  of  this,  he  quotes  Bynkerfhoek,  1. 
I.  c.  7.  who  is  clear  and  explicit  on  the  fubjedl.  See 
papers  relative  to  Great  Britain,  publifhed  by  order 
of  congrefs,  p.  29.  This  doctrine  is  the  univerfal 
law  of  nations. 

**  As  the  towns  and  lands  taken  from  the  enemy, 
are  called  conquefts,  all  moveable  things  conftitute  the 
booty.  The  booty  belongs  to  the  fovereign."  Vattel, 
b.  3.  c.  9. 

In  the  interpretation  of  treaties  where  there  are  two 
conftrudtions,  the  one  favorable,  the  other  odious, 
that  which  is  odious  is  always  to  be  reje6^ed :  and 
what  can  be  more  odious  than  to  conftrue  this  article 
of  the  treaty,  fo  as  to  violate  faith  towards  the 
wretched  blacks,  and  render  them  back  to  the  whips 
and  fcourges  of  flavery  ? 

At  any  rate,  this  jjoint  of  the  bufinefs  the  Britifh 
miniftry  will  not  yield,  as  the  firft  infradlion  of  the 
treaty. 

Then  came  the  detention  of  the  weflern  pofts, 
which  our  minifter  alleged  to  be  a  breach  of  the  trea- 
ty, anterior  to  any  violation  on  the  part  of  the  Unit- 


[    -205     ] 


».,./,j 


(:(1  States. — Here  ^'as  intiocliiced  the  corrcfponctcnce 
between  Mr.  Jcflcrfon  anJ  Mr.  Hammond,  and  Mr. 
Jefferfon's  realbning  on  tlic  fubjc(Sl. 

To  this  the  BritiHi  minifttr  anfwcrcd,  by  rcfcrrlnf^ 
to  dates  of  tranfa^tlons. 

The  provlfional  articles  between  Great  Britain  and 
America,  were  figned,  November  30th,  1782,  at  Pa- 
ris J  and  notice  of  this  was  officially  received  by  Sir 
Guy  Carleton,  April  5th,  1783.  But  the  defmiiive 
treaty  was  not  figned  till  September  3d,  1783,  and 
the  ratifications  were  not  finally  exchanged,  till  fome 
time  in  1784,  though  I  do  not  know  the  day  and 
month. 

A  treaty  u  binding  on  a  nation  from  the  moment 
of  fignature  ;  but  its  ultimate  validity  depends  on  its 
paffing  through  all  the  ufual  forms.  According  to 
the  modern  pra£lice,  the  exchange  of  ratifications 
puts  the  feal  to  the  validity  of  a  treaty,  and  gives  it 
an  efFeft  from  the  time  of  fignature. 

The  Britifli  miniftry  Hate  that,  ex  gratia,  or  as  a 
matter  of  convenience  to  the  nation,  orders  were  giv- 
en to  Sir  Guy  Carleton  to  evacuate  New- York,  im- 
mediately on  figning  the  provifional  articles  in  1782. 
But  they  allege  they  were  not  boimd  to  do  this,  un- 
til they  had  been  notified  of  the  ratification  of  thofc 
articles  by  congrefs,  wliich  could  not  have  been  till 
the  middle  of  the  year  1784. 

The  demand  made  by  the  Baron  Steuben,  by  or- 
der of  General  Wafhington,  of  the  furrender  of  the 
weftern  pods,  and  the  tirft  demand  made,  was  by  his 
letter  to  General  Haldimand,  dated  Augufl:  2,  1783. 
At  this  time  the  Britifli  minifter  could  fcarcely  have 
heard  whether  congrefs  had  agreed  to  the  treaty 
or  not ;  much  lefs  could  any  orders  have  been  fent 
from  them  to  Canada,  for  withdrawing  the  troops 
from  the  garrifon. 

Admitting  this  faft,  that  the  Britifli  miniftiy  were 
not  bound  by  treaty  to  give  orders  for  the  troope  to 

T 


).i. 


i     J 


lifV        «' 


^ 


[      206      ] 

•withdraw,  until  the  treaty  had  gone  through  Its  ufual 
forms,  then  the  detention  of  the  polts,  till  long  af- 
ter they  had  been  demanded  by  Baron  Steuben,  and 
perliaps  as  late  as  the  demand  of  Colonel  Hull,  in  Ju- 
ly, 17S4,  was  juttitiable  and  authorized  by  the  prac- 
tice of  nations. 

But  long  before  this,  congrefs  had  declared  the 
carrying  away  of  the  negroes,  an  infradtiun  of  the 
treaty;  Jind  in  May  1793  had  fent  orders  to  our  fo- 
!  eign  minilters  to  remonllrate  againll  this  meafure  and 
demand  reparation. 

The  ftate  of  New-York,  fo  early  as  March  17, 
1783,  pafTed  an  aft  authorizing  any  citizen  to  bring 
adllons  of  trefpafs  agalnft  any  perfon  who  had  occu- 
pied, or  injured  his  eilate,  real  or  pcrfonal,  within  the 
power  of  the  enemy.  This  was  an  exprefs  violation 
ut  the  6th  article  of  the  treaty,  which  declares  that 
no  perfon  fhall  fuffcr  any  lofs  or  damage,  or  any  pro- 
fccutlon,  on  account  of  the  part  he  had  taken  during 
the  war.  And  Virginia,  in  December,  1783,  pafled 
an  aft,  fufpending  executions  on  certain  judgments, 
which  materially  affefted  Briti(h  creditors.  South 
Carolina  in  March  1784  followed,  and  pafled  an  aft 
fufpending  all  aftlons,  both  Britifli  and  American,  for 
nine  months. 

Thefe  legal  Impediments  to  the  recovery  of  old 
Britifh  debts,  determined  the  minlftry  noi  to  furren- 
dcr  the  pofts,  but  to  hold  them  as  a  fecurlty  for  thefe 
debts.  And  whatever  clamor  we  may  raife  about  this 
bufmefs,  we  may  be  aflured,  that  the  weilern  pofts 
\s'\\\  never  be  delivered  peaceably,  until  the  payment 
of  thofe  debts  has  been  amply  fecured. 

I  have  been  thus  full  in  explaining  what  Is  meant 
"by  the  merits  of  complaints f  in  the  preamble  of  the  trea- 
ty, to  fliow,  that  our  minrftcr  was  juftifiable  In  palling 
over  the  difcuflion  of  a  point  of  extreme  difficulty — a 
point  which  would  have  wafted  time  and  cmbarraffed, 
perhaps  defeated,  the  negociation.  The  queftlon  of 
ihcfrjl  infra^wn  of  the  treaty  of  peace  had  been  ably 


C    207    ] 


*'\l 


4ilcuficd  bch>rc  ;  and  at  the  clofc  of  the  controvc'y, 
the  parties  A'cre  as  remote  from  tlie  probability  of  u- 
grcemcnt  as  when  they  hcj^an. 

Neither  pnrty  w^uld  yield  tlie  point  to  liis  ant.iv'o- 
iiilK  The  Britifh  minilhy,  it  is  evidently  known, 
ire  detcrmi  icd  never  to  admit  the  carrying  away  the 
negroes  to  be  an  infradlion  of  the  treaty,  and  ihey 
are  equally  determined  not  to  furrendcr  the  vvv.!lern 
pods  wllhout  a  guarantee  for  the  payment  of  old 
ilebts. 

In  this  fituation,  was  it  not  prudent  and  wife  to 
pafa  over  the  fult  fubjedis  of  crimination,  and  proceed 
to  an  amicable  adjuftmcnt  of  all  differences,  if  it  could 
be  done,  without  attempting  to  decide  who  fird  in- 
fringed the  treaty  ?  I  am  perfuaded  that  every  candid 
man  who  reads  this  explanation  of  the  bufinefs,  will 
be  fully  fatisficd  with  the  condudl  of  our  envoy. 

[Note.  I  generally  ufe  the  word  envoy  or  nii-.iTrer, 
in  the  fingular,  as  refen*Ing  to  Mr.  Jay,  the  pri:  c*p?.l 
in  the  ncgociation.  But  it  is  proper  to  obfenc  once 
for  all,  that  Mr.  Jay,  by  order,  communicated  his 
inftru6lions  to  Mr.  Pinckncy,  conf'dted  him  on  every 
point,  and  that  the  trenty  and  every  article  of  it  had 
the  approbation  of  that  gentleman.] 

No.   III. 

THE  firfl  article  of  the  treaty  contains  words  of 
courfe,  which  deferve  no  notice. 

Article  2. 

The  firft  objection  made  to  this  article  is  the  inex- 
plicitnefs  of  it.  It  is  faid  that  the  article  fliould  have 
defined  from  iv/jat  places  his  majefty  was  to  withdraw 
his  troops. 

The  anfwer  to  this  objedllon  Is,  that  there  Is  not 
any  difpute  about  the  boundary  line  of  the  United 
States,  except  at  the  north  eall  extremity,  on  St. 
Croix  river.  The  pofls  which  we  claim  are  acknow- 
ledged to  be  iq  the  United  States.     It  is  poflible, 


1  i 


M 


!t  'm 


M.   f 


W} 


>i%  I    ;)! 


^ 
.(*■■' 


'i  ; 


m. 


[        208        } 

that  Britifh  officers  at  fome  of  thofe  places,  as  a  pre- 
text for  fome  purpofts  of  their  own,  may  have  pre- 
tended they  V  ere  on  their  own-  ground  ;  but  I  never 
heard  it  fuggefted  that  the  miniftry  difpute  the  boun- 
dary line,  at  or  near  any  of  the  garrifoned  places. 

The  time  afligned  for  the  evacuation,  is  faid  to  be 
too  diftant.  But  if  we  calculate,  we  fhall  find  no 
ground  for  this  objediion.  There  was  required  time 
to  exchange  ratifications,  and  then  for  orders  to  be 
difp'-itched  from  England,  to  the  fartheft  poft  weit- 
wnrd.  If  we  allow  a  reafonable  time  for  thefe  tranf» 
actions,  it  will  require  the  whole  period  afligned  by 
the  treaty. 

The  jr.rifdl^^ion  of  a  militaiy  poft  will  doubtlefs 
be  confidered,  the  reach  of  a  cannon  (hot,  or  a  league, 

"  Laftly,"  fays  Deciusy  "  as  the  treaty  of  peace  gave 
us  thefe  prfts,  what  great  benefit  is  obtained  by  this 
article  ?  Who  would  regard  the  fecond  promlfe  of  a 
man,  who  had  already,  without  an  excufe,  violated 
the  firft  V 

But  Declus  will  pkafe  to  remember,  that  there  are 
two  fides  to  a  queflion — The  legal  impediments  to  a 
collection  of  old  debts  were  an  excufe  for  the  deten- 
tion of  the  ports  which  they  deemed  fufficient.  It 
we  comply  with  the  fixth  article.  Great  Britain  will 
confequently  comply  with  the  fecond. 

Article   3. 

Even  this  article  of  the  treaty,  which  breaks  down 
the  barriers  which  l>ave  hitherto  obftrufted  our  trade 
to  Canada,  and  opens  a  general  intercourfe  upon  moll 
liberal  principles,  has  not  efcaped  criticifm  and  cen- 
fure.  Dcrii's  fays,  the  advantages  in  this  article  are 
on  the  fide  of  Great  Britain  ;  and  the  reafon  afligned 
is,  that  the  extent  of  the  United  States  is  greater 
than  that  of  the  Britifh  territories.  Now  this  is  the 
very  reafon  why  the  advantages  of  this  article  are  in 
favor  of  the  United  States.  ' "  ' . 

What  is  the  prefent  Hate  of  trade  between  Canada 
and  the  United  States  i  and  what  will  its  fituation  bc^ 


E    209    ] 


under  the  treaty  ?  This  is  a  fair  way  of  determining 
the  goodnefs  of  the  treaty. 

In  the  prefent  ftate  of  things,  almoft  all  trade  is 
prohibited  on  the  part  of  Canada. — Not  a  dun  in 
the  fur  trade  can  be  brought  into  the  United  States 
except  by  ftealth.  This  prohibition  makes  the  little 
trade  in  peltry,  now  aftually  carried  on,  very  hazard- 
ous, and  raifes  the  article  to  a  very  high  price.  The 
peltry,  it  muft  be  admitted,  is  almoft  ali  collected 
within  the  Britifh  territories ;  the  Britifli  have  com- 
mand of  it  by  right  ;  and  the  removal  of  thofe  garri- 
fons  to  the  other  fide  of  the  lakes,  without  a  removal 
of  the  prohibition  on  the  peltry  trade,  would  not 
have  been  of  much  advantage  to  the  United  States. 

We  have  then  ever)^  thing  to  gain  by  a  free  intcr- 
courfe — ^the  Britlih,  every  thing  to  lofe,  fo  far  as  re- 
gards that  trade, 

Decius  fays,  "  the  fur  trade  will  probably  fall  alto-- 
gether  in  the  hands  of  Britilli  traders."  This  is  a 
moft  extraordinary  fuppoiitlon. 

The  truth  is,  the  peltry  trade  now  is  all  in  their 
hands — What  we  want  Is  to  get  that  cut  of  their 
hands.  That  Is,  we  want  to  obtain  a  fhare  of  that 
trade  on  equal  terms  with  Britifli  fubjc6ts.  This  we 
have  obtained  by  the  article  under  confideration. 

What  right,  what  pretence  have  we  to  a  monopoly 
of  that  trade  ?  Do  we  expedl  that  Great  Britain 
would  ptrmit  us,  as  Decius  {^lys,  "  to  fecure  to  our- 
felves  the  whole  fur  trade  ?"  To  demand  fuch  a  privi- 
lege on  our  part  would  be  extravagant  and  ridiculous. 

The  trade  by  the  third  article  of  the  treaty,  Is 
placed  on  a  fair  and  liberal  footing. — Both  parties  are 
free  to  ufe  all  the  rivers  and  lakt.s  for  the  purpofe  of 
inland  navigation  fubjedl  only  to  the  common  tolls 
and  feiTJages.  The  exception  of  the  limits  of  the 
Hudfon*s  Bay  company  is  of  no  importance  at  prefent 
to  the  United  States  j  and  the  exception  was  a  necef- 

T  2 


P: 


V  \^ ' ' 


.1 '. 


5  'hn 


[      210      ] 


H 


''  I 


i 


I-' 


""* 


m\ 


fary  confc quence  of  the  exclufive  rights  of  that  com*- 

Decitis  fuppofes  there  is  a  manlfeft  inequality  in 
pcr?iiitting  Britifli  traders  to  ufe  all  our  ports  and  ri- 
vers, and  in  reftri6ling  t1ie  Americans  from  the  fame 
ufe  of  the  ports  of  the  Britifli  territories,  and  the 
rivers  between  the  mouths  thereof  and  the  higheft 
ports  of  entry.  But  Decius  will  pleafe  to  recoiled:, 
that  this  privilege  enjoyed  by  Britifli  fubjedts,  and  the 
relh-i6tIon  of  American  fubjeds,  are  not  created  by  the 
prefont  treaty.  In  this  refpe£^  the  parties  are  as  they 
were  before.  American  veffcls  have  never  been  per- 
mitted to  carry  on  tlie  coafting  trade  of  the  BritHh 
pofieilions  in  America ;  and  therefore  we  fufFer  no 
new  abvidr^ment  of  bufinefs  by  this  article.  On  the 
other  hand,  Britiih  vclfels  are  now  admitted  into  all 
our  harbours^  and  to  the  highefl:  port  of  entry  for  fo- 
reign vclfels,  fo  that  this  article  gives  no  new  privi- 
lege to  fuch  vefi'els.  But  we  have  obtained  by  the 
treaty  a  free  inland  track  with  Canada.  We  can  na- 
vigate all  the  rivers  and  lakes — we  can  go  down  the 
St.  Lawrence  to  Quebec.  Articles  are  to  be  carried 
from  the  United  States  to  Canada,  and  vice  verfa, 
fubjtdl  to  the  lowefl:  duties  ever  paid  on  thefe  articles  ; 
— and  peltry  pays  no  duty  at  all. 

This  free  intercourfe  will  be  highly  advantageous 
to  our  citizens  on  the  frontiers.  They  will  be  deeply 
concerned  in  the  fur  trade,  and  we  fliall  obtain  furs 
much  lower  than  formerly.  At  the  fame  time  the 
inhabitants  on  our  frontiers  will  find  a  market  at  Mon- 
treal or  Quebec,  and  bring  back  in  return  fuch  heavy 
articles  as  will  come  cheaper,  through  the  St.  Law- 
rence and  the  lakes,  than  through  the  Atlantic  ports. 

This  trade  is  extremely  wanted  by  our  frontier  fet- 
tlements,  which  are  every  day  increafing.  Their  dif- 
tance  from  the  Atlantic  lays  them  under  heavy  difad- 
vantages,.  which  the  treaty  before  us  alleviates,  a.^ 
much  as  pofiible,  by  taking  off  all  reftri6^Ion^  on  in- 
land trade.     And  juft  in   proportion  to  the  uumber 


[      211      ] 

of  people  in  the  United  States,  who  are  to  carty  on 
and  partake  of  that  free  trade,  will  be  the  beneiits  of 
tliis  article  of  the  treaty. 

It  fhould  be  confidered  further,  that  the  citizens 
of  the  United  States  are  taking  up  large  trails  of 
land  in  Canada,  and  emigrating  to  that  province. — 
This  bufinefs  is  encouraged  by  the  Britifli  govern- 
ment. But  while  the  people  who  fettle  in  Canada,  for 
the  purpofes  of  trade  or  agriculture,  become  fubjefts 
of  Great  Britain,  they  retain  their  attachment  to  the 
United  States  ;  and  from  this  circumftance  important 
and  beneficial  confequcnces  may  hereafter  be  expected* 

Articles  4  and  5. 

Thefe  articles  have  not  been  the  fubjed:s  of  much 
cenfure  ;  perhaps  the  mode  prefcribed  for  afcertaining 
doubtful  points,  relative  to  the  boundary  line  of  the. 
United  States,  is  as  eligible  as  we  could  wiih. 

Article  6. 

This  is  a  moft  important  article.  It  involves  in  it 
the  primary  and  principal  caufes  of  all  the  differences 
now  exilling  between  the  tw^o  countries. 

Before  the  war,  moft  of  the  trade  of  Virginia,  and 
a  great  portion  of  that  of  the  ftates  to.  tlie  fouthward, 
was  carried  on  by  foreigners.  I  am  well  aflured  that 
it  was  efteemcd  in  Virginia,  difreputable  for  planters 
and  their  fons  to  engage  in  trade.  This  prejudice, 
which  was,  like  a  thoufand  follies  adopted  by  Ame- 
ricans, introduced  from  Europe,  and  a  remnant  of  the 
ariftocracy  of  the  feudal  fyftem,  operated  powerful -y 
to  keep  trade  in  the  hands  of  foreigner?. 

The  BiitiHi  merchants  availed  tliemftlves  of  the 
prejudice.  They  were  the  agents  or  fa6lors  for  the 
planters,  and  gave  extcnfive  credit.  The  confidence 
created  by  this  friendly  intercourfe,  together  with  the 
prodigal  habits  of  many  planters,  extended  this  cre- 
dit to  a  very  large  amount. 

The  war  neceffarily  fufpended  the  payment  of  thefe 
debts.  The  treaty  of  peace  provided  that  no  lawfid 
impediments  fhould  be  interpofed  to  prevent  the  re- 


[      212      ] 


m\ 

■M 

m 

m. 

i 

\    '1 

}.^t* 

:i 
I' 


m^ 


i' 


up 


?  Ill  J  » 


11 


a 


f-l 


covery  of  thofe  debts.  The  carqqng  away  of  the 
negroes  by  the  Britifli,  when  they  left  New  York, 
exafperated  the  fouthern  ftates :  they  confidered  it  as 
an  infraftion  of  the  treaty,  and,  as  fuch,  an  excufe 
for  violating  it  on  their  part.  They  pafled  laws 
which  were  impediments  to  the  recovery  of  old  debts. 
The  Britifli  miniftry,  on  their  part,  detained  the 
weftern  pofts,  as  fecurity  for  thofe  debts,  and  damages 
fuftained  by  the  Britifh  merchants,  in  confequence  of 
thofe  legal  impediments.  Here  the  parties  are  at  if- 
fue — here  are  differences  between  the  two  nations 
which  can  be  fettled  only  by  the  fword  or  amicable 
adjuftment. 

This  is  preclfely  the  fituation  of  the  parties. — 
Neither  party  will  yield  the  point  oi  Jirft  infraBion  ; 
and  paper  correfpondence,  to  prove  the  point,  has 
been  exhaufled,  without  giving  any  fatisfa^tion  to 
either. 

The  iflue  then  is,  the  alternative  of  war  or  acconi' 
modaiiGn,  But  if  we  enter  into  a  war,  will  this  fet- 
tle the  points  in  difpute  ?  Not  at  all.  A  ten  years 
war,  and  a  wafte  of  half  the  blood  and  treafure  of 
the  United  States,  would  leave  the  controverfy  juft 
where  it  now  is — to  be  fettled  by  negoclation. 

It  is  no  anfwer  to  thefe  remarks,  to  make  outcries 
about  Britifh  injuflice.  Admitting  this  in  the  fullefl 
extent,  that  injuftice  is  to  be  reftrained  only  by  the 
fword,  or  amicable  agreement — we  have  our  choice. 

Is  it  not  prudent  and  wife  to  make  an  effort  to  ad- 
jufl  all  differences  by  a  reference  to  equitable  princi- 
ples ?  What  better  mode  could  be  devifed  to  fettle  dif- 
ferences fo  numerous,  fo  complicated,  as  thofe  which 
cxifl  between  the  two  countries,  than  by  commiflion- 
crs  fairly  and  impartially  appointed  ?  This  is  the 
mode  which  has  been  pra6lifed  for  centuries,  in  like 
cafes.  In  looking  into  colle^lions  of  treaties,  I  find 
the  fame  mode  prefcribed  in  all  cafes  of  difficult  dif- 
putes  between  nations ;  and  the  univerfal  praclice  of 


C    213    ] 


of  the 
York, 
|red  it  as 
excufe 
fed  laws 
[d  debts, 
ned  the 
[damages 
luence  of 
ire  at  if- 
nations 
imlcablc 

arties. — 
fraBion  ; 
)int,  has 
6lion   to 

3r  accont' 

this  fet- 
ten  years 
eafure  of 
erfy  juft 
n. 

outcries 
le  fullefl 

by  the 
*  choice, 
t  to  ad- 
-  princi- 
ttle  dif- 
"e  which 
mifiion- 

is   the 

in  h'ke 
,  I  find 
:ult  dif- 
clice  of 


reforting  to  this   mode,  is  a  proof  that  none  better 
has  yet  been  devifed. 

But  it  Is  fald,  **  this  mode  of  adjufting  fums  due 
to  Britifli  creditors,  is  unjuft  towards  thofe  dates 
>vhich  have  interpofed  no  lawful  impediments  in  the 
way  of  recovering  fuch  debts ;  as  they  muft  bear  a 
part  of  the  burden,  and  thus  fuffer  for  the  delinquen- 
cy of  others." 

This  obje(SkIon  is  fufceptlble  of  a  very  fatUfadlory 
ui)fwer. 

Our  capacity,  as  a  nation,  arlfes  from  the  union  of 
the  ftates  under  the  conftltution. 

All  our  intercourfe  with  foreign  nations  is  condudl- 
td  by  the  United  States,  in  that  national  capacity. 
Foreign  nations  cannot  negociate  with  any  of  our 
individual  ftates ;  and  the  dates  are  exprefsly  prohi- 
bited, by  our  conftltution,  from  entering  into  any 
treaty,  compa6l,  or  agreement,  with  any  foreign  power. 

The  moment  our  union  took  place,  the  United 
States  became,  to  a  certain  degree,  refponlible  for 
a<S:3  done  by  ftates  or  individuals  towards  foreign  na- 
tions. This  refponfibility  refults  from  thq  national 
capacity  derived  from  the  uniofi. 

Whatever  hardfhips  this  may  impofe  on  particular 
ftotes,  it  is  a  neceflary  confequence  of  the  character 
we  have  affumed  among  the  powers  of  the  earth  ;  and 
indeed  it  is  much  more  than  counterbalanced  by  the 
prote£lion  and  fecurity  derived  from  the  fame  nation- 
al capacity^ 

No.  IV. 

Article  7. 

THIS  article  is  faid  to  be  wholly  exceptionable, 
becaufe  it  places  at  too  great  a  diftance,  compenfatloa 
to  which  our  citizens  are  entitled,  for  the  moft  atro- 
cious adls  of  piracy.  ' 

I  will  admit  what  my  antagonifts  pleafe  to  allege 
againft  the  injurious  treatment  of  our  vefTcls  at  fea  by 
Britifh  privateers.     I  know  that  the  right  which  the 


1 1  i'l 


%><* 


fi 


[       214      ] 


'?-, 

^v 


m4 


<i. 


■J'  ■■" 


m 


'  1  m&'^ 


is- 


law  of  nations  gives  to  powers  at  war,  of  ilopping 
and  examining  neutral  vefTels,  and  fcizing  them  when 
they  have  contraband  goods  on  board,  has  been  abul- 
ed,  and  that  great  injuries  and  infolence  have  been 
fuffered  by  our  fcamen  ;  and  great  lofles  have  been 
incurred  by  our  merchants  by  illegal  detention  and 
condemnation.  My  own  feelings  arc  keenly  alive  to 
fuch  abufes,  and  I  wifh  we  had  the  means  of  vindicat- 
ing our  rights  in  a  more  ample  manner. 

But  let  me  obfer\'e,  that  thefe  injuries  do  not  ex- 
cite greater  refentment  In  the  breafts  of  Americans, 
than  laws  of  our  ftates,  fufpending  the  recovery  of 
old  debts,  or  making  lands,  goods  and  depreciated 
paper  currency,  a  legal  tender  for  thefe  debts,  awak- 
ened in  the  breafts  of  the  Brltlfh  nation.  As  to  e- 
vcry  thing  of  this  nature,  anger,  refentment  and  dil- 
gult  are  reciprocal :  and  ill  ufage  alleged  on  one  part, 
is  retorted  with  ill  ufage  in  fomc  other  particular  on 
the  other  part.  Therj  is  no  common  tribunal,  to  de- 
cide this  queftlon,  Who  has  been  guilty  of  the  great- 
eft  outrage  on  faith  and  honefty  ?  We  are  fatisftcd 
that  the  charge  belongs  to  Great  Britain — i/jey  are  as 
confident  the  blame  is  on  our  fide.  It  is  idle  to  wafte 
time  in  criminating  each  other — Qur  intereft  and  hap- 
pin.'fs,  and  thofe  of  Great  Britain,  demand  an  ami- 
cable accommodation,  and  to  that  point  all  our  ef- 
forts (hnuld  be  directed. 

The  tluie  which  will  be  required  to  examine  the 
claims  of  American  merchants  for  loITes,  is  certainly 
to  be  regr'^ttcd.  But  how  can  this  delay  be  pre- 
vented ? 

If  we  admit  the  right  of  powers  it  war  to  ftop 
neutral  vefTels,  and  examine  them,  «  right  which  ■  has 
never  been  difputed,  do  we  not  admit  the  right  of  af- 
certalnlng  whether  fiich  vefl*els  have  contraband  pro- 
perty on  board  or  not  ?  How  ftiall  this  point  be  fet- 
tled, where  fufpiclon  occurs  ?  The  papers  of  neutral 
veftels  are  not  always  to  be  relied  on.  We  all  know, 
that  fubjedls  of  nations  at  war,  procure  neutral  vef- 


C     *>5     ] 


fbls  and  neutral  names  to  cover  property  of  their  own« 
—This  happens  every  day.  We  all  know  that  con- 
traband goods  are  often  concealed  in  bales  or  caflcs  of 
goods  not  contraband.  We  all  know  that  mafters, 
fupercargoes  and  feamen,  will  evade  diredl  anfwers, 
equivocate,  and  fometimcs  men  are  abandoned  enough 
to  perjure  themfelves  in  a  court,  to  fave  property  of 
their  own  or  their  friends. 

What  fays  the  law  of  nations  on  this  fubjcft  ?  Vat- 
tel,  b.  3.  ch.  7.  lays  it  down  with  great  precifion. 
**  Without  fearching  neutral  fhips  at  fea,  the  com- 
merce of  contraband  goods  cannot  be  prevented. 
There  is  then  a  right  of  fearching.  At  prefent  a 
neutral  fhip  refufing  to  be  fearched,  would  from  that 
proceeding  alone  be  condemned  as  lawful  prize.  But 
to  avoid  inconvenicncies,  violence,  and  every  other  ir- 
regularity, the  manner  of  the  fearch  is  fettled  in  the 
treaties  of  navigation  and  commerce.  According  to 
the  prefent  cuftom,  credit  is  to  be  given  to  certificates 
and  bills  of  lading,  produced  by  the  mafter  of  the 
mip,  unlefs  any  fraud  appear  in  them,  or  there  be  very 
good  reafon  to  fufpeS  their  validity,'*  -    -  * 

'The  mode  of  fearching  neutral  vefFela  is  regulated 
by  our  treaties,  with  the  States  General,  with  Swe- 
den and  France,  in  which  it  is  ftipulated  that  credit 
fhall  be  given  to  the  fhips'  papers.  But  we  have  had 
no  fuch  treaty  with  Great  Britain,  and  the  treat- 
ment of  our  vefTcls  depends  on  the  law  of  nations,  or 
the  licentious  will  of  the  mafters  of  privateers. — 
Wherever  there  is  fufplcion  of  fraud  in  the  papers, 
tlie  vcffels  may,  by  the  law  of  nations,  be  carried  into 
port  for  examination  and  trial ;  and  it  is  probable, 
this  licenfe  has  been  carried  to  a  moft  unwarrantable 
length,  during  the  prefent  war.  The  general  ex- 
preflion,  catife  of  fufpicion,  gives  an  almoft  unbound- 
ed latitude  to  thofe  unprincipled  men,  who  aremfual- 
iy  engaged  in  the  dcteftable  bufmefs  of  privateering. 
Such  is  the  fituation  of  our  trade,  in  the  prefent 
nnhappy  war.     But  making  every  allowance  for  ill 


'  i! 


f   '*« 


[       2l6 


J 


ff 


I    '.' 


ufage,  it  muft  be  admitted  that  great  numbers  of  A- 
mtrican  veflels  have,  according  to  the  laws  of  nations, 
been  juftly  feized,  and  carried  into  port  for  trial. — 
When  this  is  the  cafe,  what  mode  of  procefs  miiil  be 
had  to  determine  what  property  is  liable  to  confifcati- 
on,  and  what  is  not  ? 

Our  exifting  treaties  with  other  nations  admit  the 
right  of  trial  in  the  admiralty  courts  of  the  nation 
capturing  the  neutral  veflels  ;  and  in  thefe  treaties, 
there  are  ftipulations  that  bulk  (hall  not  be  broke,  un- 
til the  cargo  has  been  landed  in  prefence  of  proper 
officers,  and  no  part  of  the  cargo  fold,  till  legal  pro- 
cefs (hall  have  been  had,  and  fentence  pronounced  a- 
gainft  the  goods  liable  to  condemnation. 

Mull  not  the  fame  procefs  be  had  in   the  Britlih 
Tourts,  though  we  have  had  no  treaty  with   the  nati- 
on ?  Where  is  the  ground  for  maintaining  a  different 
doArine  ? 

We  mull  then  admit  the  principle,  that  American 
veflels  feized  and  carried  into  port,  with  prohibited 
goods  on  board,  or  on  fufpicion  of  fraudulent  papers, 
are  fubje£l  to  the  ufual  legal  procefs  of  Britilh  courts 
of  admiralty.  However  hard  this  may  appear,  the  ef- 
fe£l  flows  diredlly  from  the  ftate  of  war  and  the  law 
of  nations.  -,    . 

If  we  admit  this  principle,  we  admit  all  its  confe- 
quences.  If  our  veflels  are  liable  to  legal  procefs,  it 
is  neceflary  that  all  the  documents  relative  to  the 
quellion  of  legal  capture  or  noty  fhould  be  produced 
and  examined.  And  when  we  confider  the  dillance 
from  which  many  of  thefe  documents  are  to  be  pro- 
cured, and  the  numerous  cafes  that  have  arifen,  who 
can  fay  that  final  declfions  can  be  had  on  the  Ameri- 
can claims  In  a  moment  ?  And  in  cafes  which  involve 
equitable  conliderations,  not  proper  for  the  decifion 
of  courts  of  law,  what  mode  could  be  devifed,  more 
eligible  for  the  claimants,  than  that  of  commiflion- 
ers  ?  Is  the  term  of  eighteen  months  too  long  for 
receiving  claims  ?     It  appears  to  me  the  time  is  not 


t   217   ] 

Tinreaionably  long ;   and  even  the  length  of  the  titttt 
is  favorable  for  the  claimants. 

It  is  Caid  that  the  Britlfli  goveroment  ought  to  ad- 
vance a  film  on  account,  to  be  dillrib  'ed  among  the 
fufferers.  This  fuggeftion  feems  to  be  grounded  on 
an  idea  that  has  prevailed,  that  fuch  a  fum  has  been 
advanced  by  Great  Britain  to  Denmark  and  Su'cdtn 
—an  opinion  urhich,  I  have  authority  to  lay,  is  not 
well  founded. 

But  to  this  mcafure  there  are  infurmf>untablc  ob- 
jeAions.  The  impracticability  of  doing  even  partial 
juftice,  before  it  is  ascertained  who  are  the  objeds  of 
it,  is  merely  chimerical. 

Many  of  my  countrymen  are  great  fufferers,  and  1 
truft  their  juft  claims  will  be  fupported,  and  their  juft 
damages  paid.  But  a  fummary  trial  might  do  great 
injuilice — the  innocent  might  fuflcr,  and  the  guilty 
obtain  reparation. 

On  the  whole,  the  time  and  mode  appear  as  eligi- 
ble,   as  juftice  and  the  nature  of  the  caits  will  admit. 

With  refpe6l  to  the  ftipulation  in  the  laft  cl.iiiil'  of 
the  7th  article,  that  engages  payment  for  certaiii  vtf- 
fels  taken  by  privateers  within  our  jiirirdic^ion  or  by 
vefifels  armed  in  our  ports,  I  truft  no  man,  who  lias  a 
regp^rd  for  honefty  or  national  charadler,  will  ever  ob- 
ject to  it.  I  am  one  of  thofe  American  citizens, 
that  hold  it  as  a  duty  for  us  to  prefer\'e  a  ftricl  neu- 
trality in  the  prefent  war,  and  honorable  in  our  go- 
vernment to  make  indemnification  for  every  illegal 
proceeding  of  the  nation  and  of  individuals,  towards 
foreign  nations.  Let  him  who  demands  juftice,  do 
juftice  himfelf*  The  amount  of  the  fums  to  be  paid, 
does  not  vary  the  principle,  nor  (hould  it  vary  our  con* 
du6l  as  a  nation.  I  hope  and  truft  the  charafter  of 
the  United  States,  will  never  be  ftained  with  a  viola- 
tion of  faith  and  juftice,  even  towards  the  corfairs  of 
Barbary.  Self-defence,  only,  will  authorize  any  na- 
tion io.  arrefting  or  withholding  the  propcrtv  of  indi* 

U 


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C      2l8      ] 


vjdiials  even  of  an  enemy  nation.  To  wrthhold  or  to 
authorize  tlie  withholding  of  private  property,  con- 
trary to  law,  is  to  degrade  our  nation  to  the  rank  of 
Algcrlnes. 

Postscript  to  No.  IV, 

To  convince  the  pubh'c  more  fully  of  the  little 
ground  for  objeftlon,  on  account  of  delays  in  admiral- 
ty courts,  adjufling  differences  between  nations,  I  wiH 
make  feveral  extrafts  from  the  correfpondence  between 
our  minifter  at  Pans,  and  the  French  minif'^er  for  fo- 
reign affairs.  This  correfpondence  was  publiftied  in 
January  1794,  by  order  of  congrefs.  It  relates  to 
the  captures  of  our  veffels  by  French  privateers,  un- 
der the  decrees  of  the  convention  of  May  9th  and 
July  27th,  17931  *"  exprefs  violatioii  of  our  treaty 
\yith  France. 


hm 


im 


3) 


m 


I 


m 


[Letter  from  Mr.  Morris,  Od.   12,  1793.] 
TRANSLATION. 

Paris  the  12th  09.   1793. 

The  Minifter  Plenipotentiary  of  the  United  States  of 
America  to  the  Republic  of  France,  to  M.  De- 
forgues,  Minifter  of  Foreign  Affairs. 

Sir, 

I  HAVE  the  honor  to  fend  you  herein  inclofed, 
the  copy  of  a  letter,  which  has  been  addreffed  to  me 
by  Citizen  Poftic,  a  lawyer  refiding  at  Morlaix.  It 
appears,  that  in  the  proceedings  of  which  he  has  giv- 
en an  account,  there  are  extraordinary  irregularities ; 
and  I  think  it  my  duty  to  inform  you  of  them,  as  on 
the  juftice  of  tribunal  often  depends  the  falvation,  and 
always  the  profperity  of  a  ftate. 


w 


C      219 


J 


I  rcijueft  of  you  at  the  fame  timr  Sir,  to  permtt 
Tiie  to  make  two  general  obfervatlons  uu  the  uwjU:  c 
this  buHncfs ;  one  of  which  appHes  to  the  organi/ 
tlon,  and  the  other  to  the  proceedings,  of  the  cow  - 
mcrcial  tribunals.  The  refcn'ing  of  queilions  on  lt« 
prizes,  to  thefe  tribunals,  appears  to  me  dangerous, 
11  lice  they  involve  the  interpretation  of  the  Treaties, 
and  the  application  of  the  law  of  nations :  conic* 
(juently  of  peace  and  of  war.  Now  we  may  be  per- 
mitted to  entertain  fome  doubt  as  to  the  knowledge 
of  the  judges,  and  we  ought  befidee  to  fear,  left  they 
may  be  interefted,  as  owners  of  privateera,  ia  tlii 
queftions  which  are  fubmitted  to  them. 

But  whatever  may  be  the  organization  of  the  tri- 
bunals, it  appears  to  me  eflcntial.  Sir,  that  in  their 
proceedings  they  fhould  receive  all  the  claims  which 
in:iy  be  made  to  them  ;  that  they  fhould  even  invite 
without  waiting  for  the  authority  of  the  perfons  in* 
twretted,  who  are  often  at  the  diftance  of  one  thou- 
f md  leagues.  The  jurifdiftion  of  the  tribunals  with- 
in whofe  cognizance  are  the  queftions  of  prize.  Is  In 
rem.  They  take  pofTeflion  of  the  things,  and  by 
that  means  render  themftlvcs  refponfible  for  it.  Now 
as  the  tribunal,  which  is  the  depofitory  of  the  thing, 
ouglit  not  to  difpofiefs  themfclvcs  of  it,  without  a 
formal  authoritative  a£l  of  the  true  propri'rtor,  it  is 
their  duty,  not  only  to  admit,  but  alfo  to  feck  proofe, 
which  may  eftabliiii  to  whom  the  property  truly  be- 
longs. This  is  a  double  duty  towards  the  neutral 
proprietor,  and  towards  tlicir  own  nation  :  for  every 
government  which  permits  its  citizens  to  fit  out  pri- 
vatetJSj  arms  with  the  dtftrudllve  fword  of  war,  hands 
whicti  are  interefted  to  extend  Its  ravages,  and  renders 
itfelf  refponfible  for  the  abufes  which  refult  from  fo 
dangerous  a  delegation  of  fovereignty.  For  the  pur- 
poU^  of  repoflefling  them,  the  admiralty  tribunals  have 
been  eftabllftied  throughout  the  different  nations  of 
luaope.  In  thefe  tribunals,  the  government  furnlflies 
the  means  of  information,  by  the  facility  with  which 


ni 


''■ 


'  1  •' 

I" 


If 


C       220      1 

It  admits  therein  every  fpccies  of  claim.  It  prcfen'Cfct 
by  appeals,  the  right  of  deciding,  in  the  hdl  rtfort, 
on  the  contelb  which  fhall  therein  arife:  and  it  ^ives 
the  ncceflaiy  timi*  to  enlighten  its  confcicnce  on  thor- 
ny queftions,  before  the  pronouncing  of  a  fentence, 
which  might  extend  or  prolong  the  horrors  of  war. 
Thefc,  Sir,  are  the  quedions  which  experience  has 
dlAated  to  mc.  They  daily  make  on  me  a  more  live- 
ly imprcflion  on  account  of  the  claims  addrefTed  to 
me  by  my  countrymen,  of  which  I  have  communi- 
ca(  td  to  you  a  very  fmall  part.  I  always  fend  to  the 
tribunals  the  injured  perfons,  by  giving  them  the  mod 
pofitlve  afl'urances  that  they  will  there  obtain  com- 
plete and  prompt  jiiftice. 

1  have  the  honor  to  be,  &c. 

GOUV.   MORRIS. 


Extrad^  from  the  French  Minifter^s  anfwer  to  Mr. 
Morris,  dated  Paris,  Od.  14,  1793. 
**  THESE  obfcrvations.  Sir,  which  you  are  too 
jufl  not  to  appreciate,  apply  to  the  greater  part  of 
the  claims,  which  you  have  addreffed  to  me  for  fome 
time.  I  have  done  with  refpedl  to  feveral  of  them, 
all  that  depended  on  me,  in  order  to  obtain  in  favor 
of  your  countrymen,  an  exceptirn  "of  the  general 
meafurcs,  adopted  with  regard  to  neutral  nations. 
I  have  ufed  among  others,  all  the  means  with  which 
your  letters  furnifhed  me,  to  have  reftored  the  fliip 
Laurens ;  but  I  have  met  with  infurmountable  ob- 
ilacles,  in  the  eftablifhed  laws,  and  in  the  opinion 
of  the  commercial  tribunal  at  Havre.  The  tribunal 
lias  ncnrlc^^jd  nothing  to  render  juftice  to  the  owners 
of  this  veiiel.  It  has-  confented  among  other  things, 
to  have  tranflated  361  letters,  merely  to  prove  in  the 
moft  authentic  manner,  the  property  of  the  cargo. 
The  interefted  have,  befidcs,  avowed  themfelves,  that 
they  had  negleded  an  effential  formality  required  by 
our  laws. 


C    "I    ] 

•<  Wo  hope  that  the  government  of  the  United 
StatcB,  will  attribute  to  their  true  caufc,  the  abufes 
of  which  you  complain,  as  well  ai  other  violations 
of  which  our  cruifcrs  may  render  thcmfclves  guilty, 
in  the  courfc  of  the  prefent  war.  It  muft  perceive 
how  difficult  it  is,  to  contain  within  jud  limits,  the 
indignation  of  our  marines,  and  in  general  of  all  the 
French  patriots,  ag«iin{l  a  people  who  fpeak  the 
fame  language,  and  have  the  fame  habits,  as  the 
free  Americans.  The  difficulty  of  dllUnguiniing 
our  allies  from  our  enemies,  has  often  been  the  caufe 
of  offences,  committed  on  board  your  veffels ;  all 
that  the  adminiftration  could  do,  is  to  order  in- 
demnification to  thofe  who  have  fufftred,  and  to  punifli 
the  guilty."       . 


Let  any  candid  man  view  the  whole  of  the  tranf- 
aftions  of  England  and  France,  and  fay,  whether  in 
proportion  to  the  number  of  veffels  captured,  the 
delays  and  difficulties  have  been  greater  In  England 
than  in  France. 

N.  B.  Mr.  Jefferfon's  letter  on  the  right  of  na- 
tions at  war,  to  feize  enemy's  property  in  neutral 
bottoms,  will  fall  more  properly  under  the  8th  num- 
ber of  this  difcuffion. 

No.  V. 


Article  8. 

THIS  article  folely  regards  the  mode  of  defraying 
the  expenfes  of  the  commiffioners,  and  fupplying  va- 
cancies.    No  objection  appears  againft  it. 

Article  9. 

This  article  gives  the  prefent  holders  of  lands  in  the 
two  countries  the  right  of  difpofmg  of  them,  &c. 
without  being  confidered  as  aliens.  ' 

In  the  lirft  abftradt  of  the  treaty  which  was  publifh- 
ed,  this  article  was  eiToneoufly  ftated,  as  extending 


1 


[      -222       ] 


to  give  the  rights  of  citizens  to  any  and  all  Britiih 
fubjects  purchafmg  lands  hereafter  in  the  United 
States.  Tht  truth  is,  the  article  extends  only  to  per- 
lons  holding  lands  at  the  tinnc  the  treaty  was  figned, 
and  fome  pi  ovlfion  of  this  kind  was  neceflary- 

To  underitand  this  article,  it  muft  be  remembered, 
that  the  United  States  were  fettled  from  the  Brltifh 
dominions,  and  till  lately  remained  a  part  of  the  na- 
tion. Son-iC  perfons  in  the  United  States  now  hold 
lands  in  England,  which  they  inherit  from  branches 
of  their  f.imilies  which  are  extindl  in  that  country. 
Great  numbers  in  the  Britifli  dominions  hold  lands 
which  they  formerly  enjoyed  as  inhabitants  of  the 
colonies,  and  which  were  not  confifcated.  Others 
have  been  compelled  to  take  lands  in  payment  of 
debts. 

The  circumflanccs  of  thefe  two  countries  differ  from 
thoie  of  all  other  countries.  They  were  formerly  one- 
country^  and  linked  together  by  a  variety  of  individual 
intereiis. 

Thefe  private  interefts  have  been  moftly  created  un- 
der one  common  government.  They  originated  when 
the  two  countries  were  one  in  empire,  and  without 
any  fault  on  the  part  of  the  perfons  interefted.  Was 
it  not  reafonable  and  juft,  that  interefts  thus,  created 
ihoulci  be  fcciired  by  the  provifions  of  a  treaty  which 
was  to  adjuil  all  old  differences  ?  Moil  certainly  it 
was. 

It  has  been  fald  that  this  article  infringes  the  rights 
of  the  ftates.  As  I  have  never  feen  any  argument  to 
prove  this  aflerlion,  it  will  be  fufficient  to  anfwer  it 
by  another  afi'ertion,  and  fay  it  does  noL  > 

It  is  faid  alio  that  this  article  impairs  the  obligation 
of  private  contrails.  As  this  is  afTerted  without  ex- 
planation or  prtK)f,  it  will  be  paffed  withput  notice. 

The  danger  of  aliens  holding  real  eftate  in  any 
country,  is  an  idea  that  was  propagated  over  Europe 
in  feudal  times,  and  modern  writers  on  law  have  con- 
tinued to  tranfcnb«  the  reafoqing  on  that  fubje£t,  frora 


I  ^23   1 

one  generation  to  another,  as  they  have  on  ufury,  in- 
tolerance, natural  aliegiance,  and  many  other  ancient 
errors,  without  allowing  for  the  ameliorated  ftate  of 
fociety  and  civil  policy.  The  danger,  however,  is 
now  a  mere  bug-bear,  and  defcrves  no  notice.  Men 
may  hold  real  eltates,  without  the  other  privileges  of 
citizens  ;  and  it  tends  to  promote  commerce  to  admit 
foreigners  to  this  privilege,  under  fuitable  reflrldlions. 

The  only  danger  that  now  exifts  in  an  unlimited 
privilege  of  this  kind  Is,  that  perfons  might  poffefs 
themfelves  of  large  eftates,  and  fpend  the  income 
abroad,  as  is  the  cafe  with  the  planters  in  the  Weft 
Indies  and  the  Irifli  nobility.  Should  this  ever  become 
an  evil  of  extent,  it  will  require  legiflative  remedies. 

But  it  is  an  important  Idea  which  the  United  St:ites 
{hould  cherlfli,  that  men  are  never  enemies  to  a  free 
country.  Men  may  fcramble  for  offices,  and  oppofe 
the  adminittration  of  a  government  from  felfifh  views 
— but  if  foreigners  find  peace,  liberty,  and  fafety  in 
our  country,  they  will  hardly  give  themfelves  the 
trouble  of  fubje^ling  us  to  other  governments.  A 
liberality  in  our  mt*afures  towards  foreigners,  flri6l 
juftice  and  impartiality  in  our  laws,  v/ill  make  all  par- 
ties our  friends,  and  this  is  one  great  objecl  of  the 
prefent  treaty. 

Decius  attempts  to  make  an  Invidious  comparlfon 
between  this  article  of  the  treaty  and  the  eleventh  ar- 
ticle of  our  treaty  with  France,  which,  he  fays,  is  all 
in  favor  of  the  Americans,  becaufe  it  abolifhes  the 
droit  d'aubaine  in  their  favor,  and  gives  the  FrcRch 
nothing  which  the  law  of  nations  did  not  fecure  them 
before.  To  prove  this  he  goes  into  a  common  law  ex- 
planation of  the  terms  ufed  in  the  French  treaty — 
goods  mo'veable  and  immoveable. — The  words  of  the 
eleventh  article  of  the  treaty  with  France  are,  "  The 
fubjedls  and  inhabitants  of  the  United  States  (hall 
not  be  reputed  aubains  in  France, — ^they  may  difpofe 
of  their  goods,  moveable  and  immoveable,  by  tefta- 
mcnt^  donation,  kc' *  •'^Immoveable  ^o&clsf  Decius  hys^ 


mt 


,1"* 


wsr.:,  :k; 


I  ■■•.'  i 


fi 

If-'*'- 


*A 


f- 


f  4i  i 


■4 


liiSjf 

Wm  liil 


r  224  T 

mean  chattels  real,  but  not  eftates  in  fee,  and  quotes 
Sir  Edward  Coke  and  Blackftone. 

If  De'-lus  is  a  lawyer  of  great  ingenuity,  as  he 
doubtlefs  is,  he  ought  to  be  very  cautious  to  conceal 
his  fubtilties.  His  far-fetched  arguments  to  make 
the  French  treaty  a  mere  a6l  of  benevolence  on  the 
part  of  Louis  XVI.  and  the  prefent  treaty  a  mere  fa- 
crifice  on  our  part,  will  not,  ultimately,  fucceed. 

The  explanation  given  by  Decius  to  the  terms  im- 
moveable  goods  is  unequivocally  wrong.  Does  not 
Decius  know,  that  a  treaty  with  France  is  not  to  be 
interpreted  by  the  common  law  of  England  ?  Does 
not  he  know  that  the  terms  bona  mmobiliay  immove- 
able goods,  are  borrowed  from  the  rmV  law,  that 
the  civil  law  is  the  bafis  of  almoft  every  municipal 
conftitutlon  in  Europe  ?  Does  he  not  recolle6l  that 
the  municipal  laws  of  France  were  derived  from  that 
fource,  and  that  terms  ufed  in  that  country  are  to  be 
explained  by  the  civil  law  ?  Is  not  a  treaty  with  France 
to  be  interpreted  according  to  the  legal  import  of  the 
words  in  that  country  ? 

Let  Decius  then  be  apprized,  that  bona  mmobilia  is 
a  technical  phrafe  as  old  as  the  civil  law,  and  that  it 
comprehended  formerly  and  ft  111  comprehends,  in  moft 
countries  of  Europe,  real  eftate,  that  is,  a  freehold 
eftate,  and  lands  in  fee,  as  well  as  chattels,  real. 
When  ufed  by  writers  on  the  law  of  nations,  the 
phrafe  has  that  fenfe. 

"  Eveiy  ftate  has  the  liberty  of  granting  or  refuf- 
ing  foreigners  the  power  of  poircfling  lands  or  other 
immoveable  goods,  within  its  territory." — Vattel,  b.  2. 
ch.  8.  In  the  fame  page  are  thefe  expreffions  :  "  If 
the  fovcveign  does  not  permit  aliens  to  poffefs  im- 
moveables, no  one  has  a  right  to  complain  of  it,  as 
the  fovereign  may  refufe  ftrangers  the  power  of  pof- 
fcfling  immoveables."    So  alfo  in  b.  3.  ch.  5.  fee.  76. 

The  foregoing  paragraph  relates  to  moveable  goods, 
but  the  rule  is  different  with  regard  to  immoveables,  to 
efiates  In  landsy  as  they  all  in  fome  meafure  belong  ta 


a,:   l:.M 


nmovo 


C    225    3 

the  nation,  are  part  of  its  domain,  Sec.  and  the  pro* 
prietor  being  always  a  fubjedt  of  the  country  as  pof- 
feffor  of  a  parcel  of  Ian  J,  and  goods  of  this  nature  do 
not  ceafe  to  be  the  enemy's  goods,  though  poflefled 
by  a  neutral  ftranger.    **  Neverthelefs,  war  being  now 
carried  on  with  fo  much  moderation  and  indulgence, 
fafe-guards  are  allowed  to  /joufes  and  lands  pofleffed 
by  foreigners  in  an  enemy's  country.     For  the  fame 
reafon,  he  who  declares  war  does  not  confifcate  the 
immoveable  goods  poflefled  in  his  country  by  his  ene- 
my's fubjecls.     In  permitting  them  to  purchafe  and 
poflefs  th of e  goods y  he  has,    in  this  refpeft,  admitted 
them  into  the  number  of  his  fubjecEls.     But         Income 
may  be  (equeltrated,  for  hindering  th     icmittance  of 
it  to  the  enemy's  country." 

Bynkerflioek,  Quefl.  Jur.  Pub.  i.  c.  7.  ufes  the 
word  immoh'il'ia  in  the  fame  fenfe,  and  lays  down  the 
dodlrlne  above  quoted  from  Vattel. 

But  the  moft  dlre6l  authority  in  point,  is  from  Do- 
mat's  Civil  Law,  Preliminary  Book,  title  3.  feft.  i, — 
the  following  pafl*age  is  exprefs :  "  Immoveables  are 
all  the  parts  of  the  furface  of  the  earth,  in  what  man- 
ner foever  they  are  dilllnguiflied,  whether  into  places- 
for  buildings,  or  into  woods,  meadow,  arable  lands, 
vineyards,  orchards,  or  otherwife,  and  to  whomfoever 
they  belong." 

In  fe6l.  2.  of  the  fame  title,  Domat  exprefsly  enu- 
merates lands,  whether  allodial  or  charged  with  quit 
rents,  among  immo'veables.^  As  this  writer  was  a 
French  civilian,  he  doubtlefs  ufed  the  word  in  its  tech- 
nical fenfe,  as  underfl:ood  in  France,  and  by  this  fenfe 
mufl  our  treaty  with  France  be  interpreted.  Indeed, 
whatever  may  be  the  opinion  of  lawyers  here,  I  have 
no  doubt  that,  by  the  nth  article  of  that  treaty,, 
French  citizens  are  fully  entitled  to  hold  rea!  eilate. 


^■m 


«i|4 


*  It  deferves  remark,  that  the  French  word  hiens^  jroods,  com- 
prehends eftate  in  land.  This  fenfe  is  borrowed  from  the  ci- 
vil law. 


^' 


:/iM 


t   226    3 


m 


Mi 


the  United  States,  and  American  citizens,  iii 
France* 

In  all  our  Other  treaties,  the  article  in  queftlon  re* 
fl.ri(Sls  the  fubjetls  of  the  two  countries,  to  the  enjoy- 
ment oi perfonal  ejlate  or  effeds,  in  the  jurifdiftion  each 
of  the  other.  Moft  nations  retain  the  old  feudal  jea- 
loufy  refpettlng  foreigners  poffefling  lands  in  their 
countries.  But  the  liberality  of  France,  in  her  trea- 
ty with  America,  o  :ght  to  be  an  example  to  all  na- 
tions ;  and  the  United  States,  of  all  countries  on 
earth,  ought  to  reject  all  fuch  remains  of  feudal  pre- 
judice. I  trull  the  explanation  before  given  of  the 
terms  imrnGvealL  goods,  will  be  fatlsfa^tory ;  and  will 
evince  the  truth  of  what  was  advanced  by  the  writer 
of  "  Candid  Remarks  on  the  Treaty,"  that  the  iith 
article  of  our  treaty  with  France  amounts  to  a  total 
abolition  of  oli^nifm,  between  the  two  countries. 

Unlefs  JJa-ius  fuccecds  better  hereaft«;r  in  "  dcteA- 
ing  fi'.liac'es,'*  he  may  as  well  let  his  pen  rell,  or  em- 
ploy It  more  to  his  own  reputation.  His  wrilings  on 
the  fubjecl,  fo  far  as  they  have  hitherto  appeared,  are 
little  more  than  a  Lrles  of  nilfreprekntation. 

No.  VI. 

THE  lOth  article  of  the  treaty  provides  that  **  nei- 
ther the  debts  due  from  individuals  of  the  one  nation 
to  Individuals  of  the  other,  nor  flia.rcs  nor  monies 
v/hich  tliey  may  have  in  the  public  funvls,  or  In  the 
public  banks,  fnall  ever  in  any  event  of  war  or  nati- 
onal differences  be  fequettercd  or  confifcated."  The 
faithful  obfervance  of  the  reilrldtlon  contained  In  this 
article  is  fo  much  for  our  Interell  as  well  as  honor, 
that  we  fliould  naturally  have  concluded,  the  moil 
detei  mined  enemies  to  any  good  underllanding  with 
Great-Britain,  would  at  leall  have  paffed  it  by  in  {i- 
lence.  But  fo  ftrong  are  the  prejudices  of  a  certam 
party  amongft  us,  or  fo  vlrulciit  their  pallions,  tliat 
they  have  given  to  almofl  eveiy  paragra^  h  in  the  trea- 


C       227       5" 

Ty  at\  equal  condemnation.  Decius  has  complained 
of  this  article  as  being,  like  many  others,  excliifively 
advantageous  to  England,  and  as  arrefting  from  our 
government  a  lawful  and  powerful  weapon  of  war.  I 
am  greatly  miftaken,  however,  if  It  is  not  completely 
defenfible  againft  every  part  of  this  accufation. 

It  is  true  that  by  the  law  of  nations,  as  exifting  a 
century  ago,  the  debts  owing  from  one  nation  to  ano- 
ther were  legal  objeAs  of  fequeftratlon  in  war.  "  But 
at  prefent  (to  ufe  the  language  of  Vattel,  b.  3.  ch.  5, 
fee.  77.)  in  regard  to  the  advantage  and  fafety  of 
commerce,  all  the  fovereigns  of  Europe  have  departed 
from  this  rigor. — And  as  this  cujlom  has  been  gene" 
rally  received^  he  who  fhould  aA  contrary  to  it  would 
injure  the  public  faith  ;  for  ftrangers  trufted  his  fub- 
jefts  only  from  a  firm  perfuafion  that  the  general 
cuftom  would  be  obferved.  The  ftate  does  not  fo  much 
as  touch  the  fums  which  it  owes  to  the  enemy.  Every 
where,  in  cafe  of  a  war,  funds  credited  to  the  public, 
are  exer^pt  from  confifcation  and  feizure."  This  clear 
explanation  of  the  modern  law  of  nations,  as  far  39 
it  relates  to  the  public  funds,  is  alfo  to  be  found  in  a 
report  of  the  Englifh  judges  in  the  year  1 753,  in  anfwer 
to  the  Pruffian  memorial ;  a  report  of  much  authority, 
which  Vattel  does  not  fcruple  to  call  an  excellent  piece 
on  the  law  of  nations.  "  It  will  not  be  eafy,  fay  the 
judges,  to  find  an  inftance  where  a  prince  has  thought 
fit  to  make  reprifals  upon  a  debt  due  from  himfelf  to 
private  men.  There  is  a  confidence  that  this  will  not 
be  done.  A  private  man  fends  money  to  a  prince 
upon  the  faith  of  an  engagement  of  honor,  becaufe 
a  prince  cannot  be  compelled,  like  other  men,  in  aa 
adverfe  way,  by  a  court  of  juftice,  So  fcrupuloufly 
did  England,  France  and  Spain  adhere  to  this  pub- 
lic faith,  that,  even  during  the  war,  they  fuftered  no 
enquiry  to  be  made  whether  any  part  of  the  public 
debts  was  due  to  fubjeds  of  the  enemy,  though  it  is 
certain  many  Engliih  had  money  in  the  French  fund^ 
and  many  French  had  money  in  ours.'* 


I 


■Si ; « ■: 


tu- :,  .tiJ 


^!i 


|!Ml<t:]f';< 


M' 


'[     228      ] 

But  thefe  principles  have  recel\^J  fan6tIon  from  a 
fource,  whicli  the  adverfaries  of  the  article  will  be 
difpofed  to  admit  as  of  ttill  greater  authority  and  re- 
fpe<flability,  I  mean  from  the  proceedings  and  decifion 
of  the  French  convention.  It  appears  from  Paris  pa- 
pers which  in  April  laft  were  tranflated  and  republilh- 
ed  in  the  j^urora,  that  in  the  fitting  of  the  convention, 
Dec.  29,  1794,  ^^^^^  ^^^  houfc  had  pafled  to  the  or- 
der of  the  day,  "  Johannot  read  the  following  articles 
of  the  projected  decree,  whicli  were  as  follow— »- 
(here  follow  five  articles.) 

Art.  VI. 

**  The  decree  concerning  the  fequeftration  of  the 
property  of  the  fubje6ls  of  the  powers  at  war  with  the 
Republic  is  annulled.  Such  fums  as  have  been  paid 
by  French  citizens  into  the  treafury  in  confequence  of 
ihofe  decrees,  will  be  reimburfed."  This  article  occa- 
fioned  fome  debate.  Gafton  was  againft  it.  Cambon 
obferved,  that  the  law  of  fequeftration  was  extorted 
from  the  convention  by  the  faction  of  Fabre  d' Eglan- 
tine and  Danton,  but  ought  you  to  return  the  property 
of  the  Spani(h  to  the  defpot  of  Madrid  ?  Thirlot 
agreed  with  Cambon.  Colombel  defired  the  affembly 
to  annul  only  the  fequeftration  of  the  fums  due  for 
commercial  relations.  Ramel  fhewed  that  the  law  of 
fequeftration  had  been  urged  by  the  foreigners  them- 
felves  and  ftockjobbers,  that  it  had  prepared  the  ruin  of 
commerce^  and  broken  off,  againft  the  right  of  nations,  the 
obligations  of  merchants  in  different  Jlates  ;  though  the 
powers  at  war  with  the  Republic  ftiould  not  repeal 
the  fequeftration  of  French  property,  it  is  our  duty 
to  fet  the  example.  The  fixth  article  was  maintained 
as  reported." 

I  have  thought  it  not  ufelefs  to  give  a  brief  fketch 
of  this  very  interefting  proceeding  in  the  French  con- 
vention, becaufe  it  not  only  eftablifties  what  I  contend 
to  be  the  law  of  nations,  but  expofes  the  injury  and 
injuftice  of  departing  from  this  part  of  it  even  in  the 
niidft  of  the  moft  violent  war.     And  it  ought  to  be 


..    ;    ':.  .\  i S.:--^     \ 


C    229   ] 


remarked  to  the  honor  of  our  country,  that  during  the 
courfe  of  our  revohition,  notwlthllandinii^  the  warm 
rcfcntments  it  called  forth,  we  never  attempted  to  an- 
juil  the  Britifli  debts,  but  finally  agreed  to  the  4lh  ar- 
ticle of  the  treaty  of  peace,  "  That  creditors  on  ei- 
ther fide  fhould  meet  with  no  lawful  impediment  to  the 
recovery  of  all  bona  fide  debts  heretofore  contra6lcd.'* 
♦So  alfo  in  the  Amilerdam  and  Antwerp  loans,  we  ex- 
prcfsly  llipulated,  that  they  (hould  not  be  impaired  on 
the  event  of  a  future  war  between  the  two  countries. 

I  think  it  will  be  evident  from,  the  authorities  which 
I  have  adduced,  that  the  fequeftration  and  confifcati- 
on  of  debts  and  public  flock,  are  not  noiv  the  cuftom- 
ary  and  admiflible  weapons  of  war.  The  ancient  max- 
ims on  this  head  are  juilly  and  general'y  exploded  by 
civilized  nations,  and  the  interefts  of  commerce  in  this, 
as  in  many  other  inltances,  have  happily  fet  bounds  to 
the  intemperance  of  Gothic  rage.  In  lllpulating  to 
a  formal  renunciation  of  this  mode  of  warfare,  we 
have  done  no  more  than  what  we  were  bound  to  do 
by  the  acknowledged  didlates  of  good  faith.  We 
have  renounced  a  weapon  which  our  own  fenfe  of  right 
and  policy  had  before  forbidden  us  to  ufe.  If  howe- 
ver it  fhould  be  fuppofed  that  occafions  may  fometimes 
arife  in  which  it  would  be  expedient  for  the  purpofe 
of  more  efFeftually  wounding  our  enemies,  to  attack 
public  or  private  contrails,  then  let  mea{l<,what  diffi- 
culty has  the  treaty  thrown  in  the  way  ?  The  fame 
fiercenefs  of  charadler  which  would  lead  us  to  violate 
the  received  maxims  of  war  and  national  duty,  would 
readily  fet  ailde  the  moral  obligation  of  this  article.  Its 
only  efFed:  arifes  from  laying  down  In  the  rational  fea- 
fon  of  peace,  the  rule  of  condudl  in  war,  and  by  fuper- 
adding  an  exprefs,  to  the  implied,  fan6lion  of  good 
faith. 

But  it  is  alleged  that  this  article  has  no  actual  re- 
ciprocity, becaufe  all  the  debts  are  due  from  us  either 
as  a  nation  or  as  individuals,  and   that  our  citizens 


i!!ll. 


m\\ 


C    230    ] 


ill',: 


i ,  i 


Lm 


hold  no  Britifh  ftock,  and  have  few  or  no  demands 
upon  their  fubjedls.  If,  however,  this  fpecies  of  con- 
iilcation  bf  really  repugnant  to  the  prefent  ufage  of 
nations,  and  is  unjiifl  and  impolitic,  the  renunciation 
was  equally  i;t  and  proper,  whether  it  was  mutual  or 
not,  and  in  proportion  to  the  means  wc  had  of  uftng 
this  mode  of  warfare,  does  the  facrifice  redound  to  our 
credit  and  charaftcr.  But  the  truth  is,  that  the  bene- 
ficial operation  of  this  article  is.  principally  on  our  fide. 
It  is  much  more  fatisfadtory  and  neceflar}'-  to  us,  than 
it  is  to  Great  Britain,  becaufe  it  tends  dire6lly  to  fof- 
tcr  and  ftrengthen  the  credit  of  the  United  States, 
both  public  and  private,  a  circumllance  of  the  utmoil 
moment  to  our  profperlty  as  an  infant  nation. 

It  Is  by  force  of  public  credit,  that  our  government 
has  attained  to  its  prefent  liability,  and  has  fo  many 
competent  means  of  adling  with  efficacy  whenever  the 
pubhc  exigencies  require  it.  Credit,  as  a  good  judge 
of  our  interefl  has  obferved,  is  t/je  invigorating  princi^ 
pie  of  this  country,.  Any  addition  to  it,  however  fmall, 
will  give  much  greater  power  of  felf-defence,  thian  the 
little  perfidious  and  exploded  refource  of  confifcating 
debts  or  violating  the  pledged  negociability,  and  fa- 
/crednefs  of  public  ftock.  Nor  is  private  credit  of  much 
lefs  utility  in  a  country  which  has  fo  little  capital,  in 
proportion  to  the  extent  and  variety  of  the  demands 
for  it.  We  have  immenfe  territories  of  wafte  land  to 
clear  and  fettle ;  and  abimdance  of  raw  materials  for 
nourifliing  the  manufafturing  and  mechanic  arts  :  but 
to  anfwer  thefe  ends,  requires  an  unceafing  fupply  of 
capital,  or  credit,  which  in  moft  cafes  is  its  eligible  fub- 
ftitute.  In  fhort  there  are  no  people  upon  earth  who 
have  fo  many  inducements  as  the  United  States,  to  de- 
clare unequivocally  to  the  world,  that  the  claims  of 
their  creditors  fhall  always  be  deemed  facred  in  peace 
and  in  w^ar. 

After  taking  fuch  a  full  view  of  the  fubjedl,  wt  can- 
not withhold  our  aftonifliment  that  Mr.  Burr,  and  Mr. 
Tazewell,  (hould  each  of  them,  in  the  fenate,  by  for- 


Icmands 
of  cnn- 
Lilage  of 
(nciation 
iitual  or 
>f  ufing 
Id  to  our 
jhe  bene- 
lour  fide. 
MS,  than 
to  fof. 
States, 
utmoli 

crnmcnt 
fo  many 
lever  the 
od  judge 
g  princii' 
itY  fmall, 
thian  the 
ififcating 

and  fa- 
of  much 
pital,  in 
demands 

land  to 
trials  for 
rts  :  but 
jpply  of 
ible  fub- 
rth  who 
!s,  to  de- 
laims  of 
n  peace 

we  can- 

and  Mr, 

by  fqr- 


C     231      ] 

mal  propofitlons  of  amendment,  fingle  out  this  article, 
among  others,  as  a  proper  objedl  of  cenfure  and  repeal. 

Tiiere  is  one  more  objedlion  to  this  article,  which 
merits  fome  attention  for  its  lingularlty  ;  and  becaufe 
it  places  In  a  ftrong  light,  the  extreme  jealoufy  or  pre- 
determination to  condemn,  with  which  evciy  part  of 
the  treaty  has  been  read.  It  is  apprehended  or  rathef 
pretended  to  be,  that  the  king  of  Great  Britain  v/ill 
engrofs  all  the  fliares  of  our  feveral  American  banks, 
and  thereby  o'^tain  the  entire  controul  of  them  and  iill 
them  with  Britifh  diredilors.  It  is  juft  as  rational  to  fup- 
pofe  that  he  will  buy  up  all  our  goods  and  chattels,  and 
thereby  put  a  total  ilop  to  agriculcure  and  manufac- 
tures. If  the  king  of  Great  Britain  is  difpofed  to  ex- 
pend his  money  for  the  difturbance  of  our  government, 
there  are  much  more  effective  methods  of  doing  it  than 
by  the  Indiredl  means  of  our  banks.  Such  an  apprehen- 
fion  is  ridiculous  in  the  extreme,  and  cannot  furely  im- 
pofe  on  the  moll  credulous  mind,  efpcclally  when  it  h 
known  that  the  feveral  bank  charters  exprefsly  provide 
that  all  the  dlreBors  Jhall  he  American  citizens,  and  that 
no  ftockhol  ier  {hall  be  entitled  to  vote  for  a  diredlor 
imlefs  he  either  attends  in  perfon  or  refides  'within  tht 
United  States,- 

We  have  now  finifhed  an  examination  of  the  firfli 
ten  articles  of  the  treaty,  and  which  form  the  per- 
manent part ;  for  the  commercial  articles  which  fol- 
low being  of  more  difficult  adjullment,  and  their  ef- 
fed^  not  being  fo  eafily  afcertained  by  theory  as  ex- 
perience, were  wifely  limited  to  a  Ihort  period.  It 
lias  often  been  afl<:ed,  and  with  an  air  of  confclous 
triumph,  what  fingle  equivalent  have  we  got  for  lo 
many  and  great  conceffions  on  our  part  ?  Let  us 
review  for  a  moment  the  ground  we  have  gone  over, 
and  fee  if  an  anfwer  cannot  be  given  which  will 
fatisfy  all  the  i*eal  friends  to  the  interefl  of  our 
country.  '.  '   '-^^  .'   .-J'v-'"-     h-^- 

We  have  gained  all  the  weflern  pofts  without 
bloodlhed — we  have  obtained  a  promife  of  coioplete 


[m  It 


,»ji' 


^  ■  -^  'Ji 


r 


232         ] 


Si''  1.^ 


ui'  ;. 


Pi 


indemnity  for  all  unlawful  fpoliatlons  on  our  trade,  ns 
foon  as  an  impartial  tribunal  fliall  have  afcertaiucd 
the  amount  of  our  lofTcs — Wc  have  obtained  a  liberal 
and  jx'ijnanent  commerce  between  our  frontiers  and 
the  whole  frontier  of  the  Britifh  provinces  in  Ame- 
rica, and  we  have  by  thefe  means  removed  the  prin- 
cipal fources  of  national  complaint  againft  Great- 
Britain,  and  ftcured  to  our  country  the  continuance 
of  the  bleflings  of  peace.  And  what  have  we  con- 
ceded on  our  part  ?  AVe  have  promifed  to  pay  fuch 
loiTes  only  aj  Britlfli  creditors  have  fuffercd  in  their 
de{)ts,  by  occafion  of  legal  impediments  in  this  coun- 
try, as  foon  as  an  impartial  tribunal  fliall  have  afcer- 
talned  the  amount  of  fuch  lofTes,  and  to  pay  for  fuch 
Britifh  veffels  o;i]y  as  wc  have  fuffercd,  without  ufing 
t!ie  means  in  our  power  to  prevent  it,  to  be  captured 
within  our  territory,  contrary  to  the  law  of  nations. 
And  we  have  alfo  allowed  a  liberal  and  permanent 
commerce  between  Canada  and  our  interior  poflefli- 
cns.  Thefe  are  the  material  parts  of  the  permanent 
treaty,  and  it  appears  that  both  nations  have  conceded, 
in  thofe  inilances,  w^hat  in  juftice  and  equity  they 
ought  to  have  done,  and  to  have  manifeiled  a  mutual 
difpofition  to  forget  paft  animofity,  and  to  live  upon 
friendly  terms  hereafter. 

No.  VII. 

IN  examining  the  commercial  part  of  the  treaty, 
we  are  not  to  enquire,  as  we  have  heretofore  done, 
into  matter  of  ftridl  right.  Arrangements  of  com- 
inerce  mull  depend  upon  the  good  will  and  pleafure  of 
the  contracting  parties.  They  are  things  of  imper- 
fedl  obligation  only,  and  cannot  be  peremptorily  de- 
manded. Every  nation  will  accommodate  fo  far,  and 
fo  far  only,  as  fuits  her  interefls  or  policy,  and  it 
will  always  be  a  queftion  to  be  determined  in  found 
difcreiion  by  other  powers,  how  far  //w>  intereft.  or 
policy  will  admit  of  a  connexion,L  on  fuch  terms  as  can 


IM  :f^ 


C    233    ] 

be  obtained.  Commercial  propofitions  may  be  grant- 
ed, acceded  to,  or  reje(Sited  by  either  party,  without 
aflordlng  to  the  other  any  julb  caufe  of  war.  It  is 
therefore  a  matter  for  confideratlon,  how  far  the  re- 
maining articles  of  the  treaty  are  udmlfiible  or  not, 
upon  the  principles  of  public  expediency. 

Although  the  12th  article  may  now  very  properly 
be  left  out  of  difculfion,  yet  fmce  it  is  the  falhion  to 
reprobate  it  in  tlie  moll  unqualllied  terms,  and  to  ufe 
it  as  an  initrument  for  inflaming  the  public  paflions, 
(ts  well  as  to  carry  difgrace  to  the  other  parts  of  the 
work,  it  may  not  be  amlfs  to  give  it  fome  examina- 
tion. 

It  is  well  known  that  every  European  nation  has 
endeavoured,  more  or  lefs,  to  monopolize  to  itfelf,  the 
commerce  of  its  colonies,  and  upon  that  account  pro- 
hibited the  (hips  of  foreign  nations  from  trading  to 
th'-'m,  and  has  prohibited  them  from  importing  Euro- 
pean goods  from  any  foreign  nation. — This  has  been 
the  cafe  with  Denmark,  Holland,  France,  Spain, 
Portugal,  and  Great  Britain,  although  the  manner  in 
which  this  monopoly  has  been  exerclfed  in  thofe  dif-  - 
ferent  nations,  has  been  very  ditfcrent.  Great  Bri- 
tain has  been  as  much  diiUnguIfhed  as  any  of  her- 
neighbours,  during  a  century  pail,  for  a  pertinacious 
adiierence  to  the  monopoly  fyilem,  and  it  has  become 
one  of  the  rlvetted  maxims  of  htr  policy,  to  regard 
the  excluhve  enjoyment  of  her  colony  trade,  as  an  ef- 
fentlal  nurfery  of  feamen,  and  a  conilant  fupport  of 
her  naval  power..  So  late  as  the  year  1783,  Lord 
Sheffield  gave  his  fandllon  to  this  ancient  dodlnne,. 
and  laid,  that  it  would  be  impolitic  in  Great  Bi  itain 
to  admit  American  vcfTels  into  the  BritHh  Weil  India 
illajids,  and  we  fee  with  what  great  allowance  we- 
ought  to  compare  the  privileges  conceded  in  this  ar- 
ticle,  mth  the  theory  of  an  unlimited  commerce. 

Tiie  French  convention,  during  their  prefent  revo-'  • 
lution,  have  recognized  and  adopted  the  Enghfli  po-* 

X   2       . 


it"  ■  *l 


mi) 


II'  l<. 


C    234    ] 


■■'1) 


i,''» 


ji  licy.  This  appears  from  the  eloquent  report  of  Bar- 
rere,  upon  tlielr  navigation  i\t\f  vvlilch  is  intended  fen* 
perpetuity,  and  is  deehired  to  be  the  balls  ot  their  po- 
liey  and  eommeree.  The  ati  ordains,  that  no  eom- 
modities  fhall  be  imported  into  France,  but  in  Freneli 
vefTels,  or  in  thofe  of  the  country  which  produced 
the  commodity  ;  and  that  foreign  vefl'els  ihall  not 
tranfport  from  one  French  port  [o  another,  any  com- 
modities of  the  growth  or  manufa<itures  of  Fiance  or 
her  colonies. — And,  notwithllanding  the  neceliities 
of  the  war  may  have  induced  the  French  to  a  tempo- 
rary departure  from  this  a<^t,  we  may  be  allured,  the 
principles  advanced  in  the  report,  are  too  generally 
and  powerfully  felt,  not  to  induce  them  to  adhere  to 
it  on  the  return  of  peace,  as  the  fure  balis  of  their 
maritime  ftrength.  "  Tiie  prohibitions  of  a  naviga-. 
tlon  ad,''  fays  Barrere,  **  fhould  be  as  extenfive  as 
they  could  be  made,  for  without  them  it  would  be  a . 
mere  illufory  meafure.  The  Englilh,"  continues  he, 
**  from  whom  we  borrow  this  fyllem,  have  givtn  it 
that  extenfion,  and,  indeed,  they  are  to  be  apj^lauded. 
for  it." 

When  we  confider  the  value  that  Is  attached  to  the 
carrying  trade,  in  the  opinion  of  the  European  nations, 
we  have  no  reafon  to  be  difappointed  that  Mr,  Jay 
could  not  get  accefs  to  the  Britifli  Iflands  on  bettey 
terms.  It  was  to  have  been  wifhed  that  he  could 
have  got  the  admiflion  of  veflels  of  any  burden  into 
this  trade,  but  this  was  undoubtedly  beyond  his  pow- 
er. While  Great  Britain  confented  to  admit  us  to 
trade  to  her  iflands  in  our  own  bottoms,  we  may  be 
afliired  flie  was  determined  to  do  it  in  fuch  a  manner 
as  not  materially  to  affect  her  carrying  trade,  the 
fource  of  her  fecurity  and  greatnefs.  This  mull  have 
been  the  reafon  with  her  for  reltri^ting  our  veffels  to 
70  tons  and  under  (and  indeed  it  is  underftood  that 
the  treaty  was  kept  open  for  fome  time  on  the  part  of 
Mr.  Jay,  while  he  was  endeavouring  to  extend  this 
daufe]  and  from  carrying  any  melaffes,  fugar,  cofifce^ 


C    ns    3 

cocoa  or  cotton,  cither  iVom  her  Iflands  in  vcfTcIs  of 
the  L^iiitttl  States,  to  any  wliere  but  this  country. 
It  will  he  afl<ed  why  Great  Britain  fhoulJ  widi  to  re- 
Ibain  us  {Vorn  carrying- any  of  tliefe  articles  to  Europe, 
pnivlcleil  tliey  arc  not  tlie  growth  of  her  Iflands?  the 
aiifwer  is,  that  nothing;-  llujrt  of  a  total  proluLItlon, 
would  in  her  opinion,  effecitually  fccurc  her  carryinpr 
trade,  Ihice  her  own  and  foreign  fugar  or  coffee  would 
not  cafily  be  dilllnguilhed,  and  any  niodilication  would 
liave  opened  a  wide  door  to  elude  the  whole  intent  of 
the  rellraint,  would  have  rendered  the  whole  j>rohi- 
bltion,  to  life  the  words  of  Barrere,  a  mere  illufory 
vienfure, . 

It  is  not  my  Intention  to  vindicate  either  the  jufl:- 
ncfs  or  liberality  of  this  policy  on  the  part  of  Great 
Britain,     It  Is  fufficient  to  fay  that  it  appears  to  have 
been  her  inflexible  ^^  ^licy,  and  to  which  fhe  thought 
herfelf  bound  in  duty  to  adhere.     The  only  quellion 
is,  whether  there  was  any  reafonable  profptft  at  pre- 
fent  of  our  obtaining  better  terms  ;  and  if  not,    whe- 
ther it  was  not  upon  the  whole  for  our  intereil  to  ac- 
cept of  the  trade  upon  thofe  terms  ?    This  /nay  yet 
be  a  doubtful  point,  though  I  acknowledge  a  confu 
derable  objection  to  the  12th  article  as  it  now  Hands, 
that  is,  the  prohibition  to  can  y  melafTes,  fugar^  cot* 
ton,   &c.  to  Europe,  is  fo  general  as  to  include  thofe 
articles  even  of  our  own  produftion.     This  prohibiti- 
on, with  refpe6l  to  coffee  and  fugar  in  particular,   it 
is  laid,  w^ould  be  very  inconvenient  to  us   during   the 
prtfent  war,  though  in  time  of  peace  it  would  be   of 
no  confequence. — The    12th  article  does  not  prohibit 
us  from  exporting  any  of  thofe  articles  from  the  other 
Well  India  lilands  to  any  part  of  the  world.     We  m-Q 
only  reftrifted  from  exporting  them   from  the  BrldfK 
Well  India  iflands   (except  to  the  United  States)   in 
order  to  preferve  to  the  Englifli  their  cari-ying  trade,, 
and  fiom  the  United  States  in  order  to  prelerve  the 
other  rellraint  from  evafion,. 


ill; 


I 


H 


>«*, 

> 


4i 


I 


>m,.  ^    I 


tf^i^ 


V  I. 


m 


r  236  ]• 

It  ought  not  to  be  forgotten  that  this  article  was^- 
limited  to  two  years  from  the  conclufion  of  the  pre-- 
il'iit  war,  and  then  the  contra6ling  parties  were  to 
endeavour  to  regulate  this  trade,  with  a  view  to  their 
mutual  advantage,  and  t/je  extenfion  of  commerce ; 
and  if  they  fliould  not  agree  on  new  arrangements, 
all  the  articles  of  the  treaty,  except  the  firll  ten,  were 
to  fall  to  the  ground.  At  the  end  of  the  two  years 
we  fliould  moil  probably  have  entered  on  the  nego- 
ciation  with  much  lefs  dilliculty  than  at  prefent. — 
The  Britilh  Weil-Indies  would  have  been  for  fome 
time  accuitomed  to  the  benefits  of  our  trade,  and 
have  got  into  the  habit  of  placing  their  dependence, 
as  well  as  their  affeclions  upon  it ;  while  the  mother 
country  would  have  been  a  little  familiarized  to  our 
trade  with  her  colonics,  and  her  jealoufies  and  pre- 
judices would  probably  have  greatly  diminifhed  with 
regard  to  it.  We  fhould  have  renewed  the  difcnfTi- 
on  with  all  thofe  advantages  which  we  now  want, 
aiid  the  chance  is,  that  the  intercourfe  would  not 
only  have  been  continued  but  been  attended  with  a 
fav'jrable  enlargement.  And  if  eventually  the  ne- 
goclation  fliould  have  failed  and  left  only  the  ten- 
firll  articles  of  the  treaty  remaining,  yet  thofe  arti- 
cles, as  we  noticed  in  the  lafl  number,  are  well  wor- 
thy of  the  miilion,  lince  they  reilore  tranquillity  and 
juiiice  to  our  coinitry. 

The  13th  article  of  the  treaty  relates  to  our 
commerce  v/ith  the  Britlfh  Eafl  Indies,  and  all  the 
advantages  which  are  conceded  to  Ub  by  this  article, 
an.  without  the  fmallett  pretended  equivalent  on  our 
part.  The  privileges  of  this  article  are  not  denied  by 
thoie  who  have  been  moil  diillngulfhed  for  their  in- 
diicrimlnate  cc>ndemnaiion  of  the  whole  treaty.  Dc" 
ctus  complains,  however,  that  our  commerce  was  on  a 
better  footing  before,  by  the  mere  pcrmiflion  of  the 
Biicifh  government.  It  is  fufficient  to  obferve  in 
anfvv.r  to  th-s,  that  the  fame  permiflion  can  ftill  be 
©ontiiiued  ;  there  is  nothing  lu  this  article  which  prc-«*- 


/ 


:le  wat- 
tle pre-- 
verc  to 
to  their 
nmerce  ; 
ements, 
ill,  were 
/o  years 
Lc  nego- 
efent. — 
or  fome 
ide,  and 
jendence- 
e  mother 
:d  to  our 
and  pre- 
iied  with 
:  difc.ifii- 
)\v  want, 
ould    not 
;d  with  a 
J  the  ne- 
the  ten 
liofe  arti- 
^vell  wor- 
lillity  and 

to    our 
id  all  the 
lis  article, 
:nt  on  our 
denied  by 
their  in- 
:aty.     Dc' 
was  on  a 
ion  of  the 
)bferve    in 
in  Hill  be 
.vhich  pre-' 


C     237     ] 

hiblts  the  India  coafting  trade.      It  would  have  been 
unnecefTary,  for  fuch  prohibition  exifted  before.    The 
article  barely  declares,  that  none  of  its  privileges  fliall 
be  conftrued  to  extend  to  the  coafting  trade.     In 
other  refpefts  it  leaves  that  trade  juft  as  it  found  it,. 
under  the  precarious  pleafure  of  the  Britifh  govern- 
ment.      But  prior  to  this   article,  our  whole  inter- 
courfe  with  BritiQi  Eaft-India  was  a  matter  of  favor,, 
and  furely  It   Is  a  very  Important  confideratlon  that 
we  can  now  claim  it  as  a  matter  of  right.     Mr.  Jef- 
ferfon,  In  his  report  on  the  privileges  and  rettri£lIons 
of  our  commerce  in  foreign  countries,  feems  to  have 
thouglit  very  differently  from  Dec'tus^  on  the   fubjedl 
of  a  precarious  trade.      He  confidered  a  commerce 
depending  on  the  fole  difcretion  of  a   foreign  power,, 
as  a  real  Inconvenience.     "  The  difadvantage  \\\^  ob- 
fcrves)  of  a  tenure  which  may  be  fuddenly  difconti- 
nued,  was  experienced  by  our  merchants  on  a  late 
occafion.     The  embarraffments  of  the  moment  were 
great,  and  the   poflibllity  of  their  renewal  lays  our 
commerce  to  England  under  a  fpecles  of  difcourage- 
ment.     The   diftintllon  Is  too  remarkable  not  to  be 
noticed,  that  our  navigation  is  excluded  from  the  fe- 
curity  of  fixed  laws,  while  that  fecurity  Is  given  to  the 
navigation  of  others." 

Thefe  remarks  of  Mr.  Jeffcrfon  are  folld  ;  and 
they  out-wxjigh  a  thoufand  town-meeting  refolves.. 
Without  this  treaty  our  trade  to  every  Brhyh  port  can 
he  Inter didecl  by  a  nod  of  the  Britijb  executive*  But 
by  this  treaty,  our  commerce  to  England  and  the 
Ead-Indles,  which  now  reils  on  the  will  of  the  mlnl- 
llry  or  the  colonial  government,  Is  placed  on  the 
footing  of  permanent  right.  In  this  refpe(^  we 
gain  an  Immenfe  advantage — an  advantage  that  we 
do  not  enjoy  to  the  fame  extent,  with  any  other  na- 
tion upon  earth. 

The  '!ommercIal  conceflions  on  the  part  of  Great- 
Britain,  which  we  have  been  juft  reviewing,  are  not 
only  equal,  but  fuperior  to  thofe  which  aie  to  be  met. 


I  h 


k  i.ii  -iiiMttrtdfL  :17* 


C    238    ] 


:i.  '^i; 


m  m\ 


d> 


p^- 


£ 


wrth  in  the  commercial  treaties  between  her  and  other 
powers,  for  more  than  a  century  paft. 

The  treaty  between  Great-Britain  and  Spain,  in 
1667,  and  which  for  its  advantages  in  matters  of 
trade,  was  confirmed  in  1713,  takes  fpecial  care  to 
limit  the  commerce  of  the  two  nations  to  the  terri- 
tories, provinces  and  Iflands,  to  ivh'ich  trade  and  corti' 
merce  had  before  been  accujlomed.  And  yet  two  years 
afterwards  his  Cathohc  majefty,  as  an  evidence  of 
his  inclination  to  cultivate  fnendfhip,  does  indeed 
allow  the  Engllfh  to  gather  fait  in  the  ifle  of  Tortu- 
gas,  becaufe  they  had  enjoyed  that  liberty  in  the  reign  of 
Charles  11. 

In  the  treaty  of  commerce  and  navigation  between 
Gicat-Britain  and  Riiflia,  which  was  made  in  the 
year  1766,  the  friendly  privileges  of  trade  between 
the  two  powers,  were  confined  to  fiich  places  ivhere 
kave  is  granted  to  the  fu-je^s  of  o^her  nations.  In  the- 
fame  fpirit  of  jt^aloufy  and  colony  monopoly,  winch 
appears  but  too  prevalent  throughout  Europe,  Ruifia 
takes  care  in  her  treaty  of  amity  and  commerce  with 
Denmark,  m  the  year  1782,  to  exct-pt  from  the  com- 
mercial grant,  her  ports  of  the  Black  and  Cafpaln 
feas,  and  all  her  other  pofTcflions  in  Afia — and  the 
king  of  Denmark,  on  his  part,  excepts  alfo  his  pof- 
feffions  in  America,  and  elfewhere  out  of  Europe. 
Nay,  in  the  more  recent  treaty  between  France  and 
England  in  1786,  and  which  was  made  with  the  ex- 
prcfs  view  of  promoting  a  more  liberal  Intercourfe, 
the  trade  is  limited  to  each  other's  \.Qn-\\.onQ?,fituated  in 
Europe, 

Nur  have  our  own  treaties  of  comm.erce  with  the 
powers  of  Europe  been  more  favored  in  this  refpeft. 
In  the  treaty  with  France,  on  which  fo  much  unqua- 
lilied  applaufe  has  been  bellowed  by  the  enemies  of 
the  Inllrument  under  confideration,  there  is  no  vvTy 
extenfive  admiflion  to  her  colonial  pofleflions.  France 
indeed  grants  us  as  a  matter  of  favor,  one  or  more 
ivQe.  gor ■  s  in  Europe,  and  the  free  ports  'which  havf 


^ 


^*»-: 


[     239    ] 


other 

In,  In^ 
ers  ok 

;are  to 
•  terri- 
id  com' 
)  years 
nee  of 
indeed 
Tortu- 
reign  of 

between 
:  in  the- 
between 
-s  where 

la  the-         !^ 
ir,  which 
.,    Rairui 
;rce  with 
the  com- 

Cai'pain 
—and  the 
o  his  pof- 

Europe. 
'ranee  and 
th  the  ex- 
itercourfe, 
>yfitiiated  in 

e  with  the 
his  refpeft. 
iich  unqua- 
enen\ies  or 
is  no  very 
Bs.     Trance 
ne  or  more 
<wbich  kaiie 


leen  and  are  open  In  the  French  ijlands  in  America, 
And  in  our  treaty  of  commerce   with   Holland,   we 
■exprefsly  ftipulate  to  leave  to  the  Dutch  the  peaceable 
enjoyment  of  their  rights  in  the  countries,    ijlands,    and 
feasj  in  the  Eafl  and  Wejl  Indies,  ^without  any   hindrance 
or  molejlatioru     This  is,  indeed,  ftipulating  for  the  per 
petuity  of  their  monopoly.     On  the  other  hand,  Great 
Britain,    by  the    13th  article  of  the  prefent  treaty, 
gives  us  a  free  and  liberal  admiffion  into  all  her  terri- 
tories in  the  Eafl  Indies;  an  immenfe  country,  which 
contains  more  than  twenty  millions  of  inhabitants,  is 
guarded  by  an  army  of  above  70,000  men — and  yields 
an  annual  revenue  of  more  than  eight  millions  fterling. 
And  the  only  reftriftion  to  which  we  bind  ourfelves,  in 
return,  is  not  to  carry  her  Eafl:  India  commodities  to  any 
country  but  America,  where  they  (hall  be  unladen— 
a  reftridlion  which  Britain  could  very  reafonably  aflc 
as  a  fecurity  to  her  carrying  trade. 

I  cannot  but  conclude,  that  ever)'  reafonable  man 
will  fee  in  this  article,  fome  evidence  of  a  fpirit  of  ac- 
commodation on  the  part  of  Great  Britain,  and  much 
.proof  of  influence  ^nd  ability  in  our  negociator. 

No.  VIIL 

Article  14. 
"THIS  article  admits  Americans  to  a  free  trade  to 
the  Britifti  dominions  in  Europe,  and  Britifli  fubjefts 
to  the  fame  free  trade  in  the  United  States. 

One  would  think  that  this  aiticle  was  fo  recipro- 
cal as  to  admit  of  no  ground  of  cenfure.  But  even 
this  article  has  not  given  us  an  equivalent  in  the  opini- 
on of  fome  men,  who  contend,  that  as  Britifli  veflels 
are  excluded  from  no  port  in  the  United  States,  fo 
American  veflels  ought  to  be  excluded  from  no  port 
in  the  BritifJj  territories, 

Decius  fays,  "  we  can  only  go  to  a  fmall  part  of 
the  Britifli  dominions,  viz.  to  thofe  in  Europe ;"  and 


m 


'!! 


1 


'•''S^iilMKaiBL...-^  ...  :  'i...  -■■  ■  .ii iijb^r-^ 


^!^^ 


I!  :•  0' 


liiiff/;* 


[   240    3 

Ke  fliolild  have  added,  we  are  admitted  there  only  by 
proclamation  from  year  to  year. 

But  does  Deems  value  a  commercial  country  by  its 
geographical  dimenfions  ?  Do  thefe  conftitute  the 
greatnefs  or  fmallnefs  of  commercial  privileges?  This 
certainly  is  a  new  dodbirie ;  and  the  chicanery  of 
fuch  infinuations  defer vcs  reprobation  by  every  honeit 
man. 

No  matter  what  is  the  fize  of  Great  Britain — ad- 
mit that  it  does  not  comprehend  more  land  than  the 
ftate  of  New  York  has,  in  a  repuhl'tcan  hutnor,  fold  to 
an  individual;  this  is  nothing  to  the  point.  The 
trade  of  that  fpot  of  earth,  is  at  leail  doulle,  not  to 
fay  treble,  the  trade  of  the  United  States. — By  ad- 
mitting American  citizens  to  a  free  participaticm  of 
this  commerce,  we  have  more  than  an  equivalent  for 
a  free  admiflion  of  Britifh  vefTels  into  all  the  ports  of 
the  United  States. 

The  refledlion  of  Dedus,  that  our  **  envoy  has,  in 
ihis  place,  brought  the  principles  of  inequality  into 
confpicuous  B^'iotif  as  if  anxious  to  circumfcribe  our 
<;ommerce,  and  that  he  lofes  no  opportunity  of  impof- 
ing  reftridllons  on  It,'*  has  not  a  fhadovv  of  foundati- 
on— it  is  the  fabrication  of  a  moft  malignant  mind. 
The  whole  article  is  founded  on  moft  equal  and  reci- 
procal principles,  fo  far  as  regards  Great  Britain,  in- 
dependent of  her  colonies:  but  in  proportion  to  the 
extent  of  the  manufaftures  and  export  of  that  coun- 
try, it  is  moft  advantageous  to  America, 

It  is  faid  we  are  not  admitted  into  all  the  Britifli 
colonies.  True  ;  but  fuch  admiflion  would  be  a  cou- 
ceflion  to  us  without  an  equivalent,  for  we  have  no 
colonies  to  exchange  the"  benefit. 

Let  us  contraft  this  article  with  the  privileges  ob- 
tained by  the  treaty  with  France,  negoclattd  by  the 
**  Venerable  Franklin.'*  By  the  30th  article  of  that 
treaty,  "  The  moft  chrlftian  majefty  will  grant  the 
fubje6ls  of  the  United  States  o»e  or  more  free  ports  in 
Europcy  and  the  free  ports  which  have  been  and  are 


["      241      ] 

open  in  the  French  iflands."  Since  the  revolution, 
neceffity  has  compelled  the  convention  to  open  all  the 
ports  in  Fiance:  but  vi'hich  nation  was  moft  liberal 
in  times  of  peace,  or  moft  jealous  of  its  trade  ? 

Great  Britain  opens  all  her  ports  in  Europe — all 
her  ports  in  the  Fall  Indies — and  all  her  ports  in  the 
Weft  Indies,  to  veiTels  of  fmall  burden,  reftri6ling  on- 
ly the  diredl  can*ying  trade  from  her  colonies  to  Eu- 
rope. France  opened  one  or  more  ports  in  Europe, 
fome  of  her  ports  in  the  Weft  Indies,  and  not  one  iu 
the  Eaft  Indies, 

This  is  a  fair  ftatement  of  the  advantages  of  trade 
with  the  two  countries,  as  we  enjoyed  them  with 
France  before  the  revolution,  and  as  we  Tnould  enjoy 
them  by  the  prefent  treaty  with  Great  Britain  ;  and 
let  any  man  decide,  which  treaty  is  the  moft  liberal, 
in  refpe6l  to  opening  the  ports  of  the  two  countries 
and  their  colonies.  The  advantage  is  infinitely  on  the 
fide  of  the  prefent  treaty  with  Great  Britain. 

Article  15. 

This  article  ftipulates  that  each  nation  fhall  be 
treated  by  the  other,  on  the  footing  of  the  moft  fa- 
vored nation.  So  far  the  article  correfponds  exadlly 
with  all  our  other  treaties :  viz.  with  France,  Swe- 
den, Holland  and  Pruffia.  The  fecond  claufe  of  the 
article,  rcferving  to  Great  Britain  the  right  of  impof- 
ing  duties  on  our  tonnage,  equal  to  what  we  irapofe 
on  Britifh  tonnage  In  our  ports,  concedes  nothing  but 
what  Great  Britain  now  enjoys ;  that  is,  the  right  of 
treating  our  trade  as  we  treat  hers.  And  the  agree- 
ment In  the  laft  claufe  that  the  United  States  will  not 
for  a  certain  period  increafe  the  duties  on  Britiih  ton- 
nage, is  a  reft  rift  Ion  that  cannot  injure  our  trade. 

Indeed  no  objecllon  feems  to  be  made  to  this  arti- 
cle, except  that  It  binds  the  United  States  to  treat 
Great  Britain  as  well  as  we  treat  other  nations.  This, 
with  men  of  party  fpirit,  who  fufFer  their  paffions  to 
kad  their  opinions^  is  a  moft  unpardonable  crime.    . 


1, 


I*' 


in. 


■i  i*< 


1 1 ' 


«...,•-"-».  f,^ 


tvi 


Eh' 


iM?  i- 


h   *■ 


[     H2     3 

I  trud,  however,  that  the  government  of  America 
i\vill  regulate  its  meafures,  even  towards  Great  Britain, 
with  juilice  and  impartiality.  I  am  perfuaded  it  is 
not  only  moll  honorable,  but  moft  expedient ;  and 
that  juftice  and  a  fpirit  of  accommodation  will  procure 
more  advantages  than  a  revengeful,  retaliating,  hoftile 
difpofitlon. 

The  1 6th,  refpefting  confuls,  Is  probably  not  ob« 
jedlionable. 

Article  17. 

This  is  one  of  the  articles  which  has  excited  the 
mofl  violent  clamors.  Indeed  we  cannot  but  obferve^ 
that  fuch  articles  as  may  ^fFe6l  the  French,  are  repro- 
bated with  more  warmth  than  thofe  which  affe6l  fole- 
ly  the  intereils  of  the  United  States.  It  would  feera 
by  the  zeal  difcovered  on  this  occafion,  that  this 
treaty  ought  firft  to  have  confulted  the  wants  and 
wiflies  of  France  5  and  the  interefts  of  the  United 
Slates  ought  to  have  been  only  a  fecondary  confidera- 
tlon.  There  is  certainly  a  precept  of  high  authority, 
**  that  we  fhould  love  our  neighbour  as  ourfelves  j'* 
but  I  know  of  no  rule  that  requires  one  nation  to  love 
another  Better  than  itfelf. 

I  am  difpofed  to  treat  the  French  nation  with  the 
utmofl  impartiality,  juftice  and  friendlhip  ;  and  in  our 
compa6ls  with  their  enemies,  we  ought  to  make  no 
facrilices  of  their  intereft,  and  yield  no  points  to  their 
enemies,  which  the  neceflity  of  the  cafe  and  the  ef- 
fential  intereils  of  our  own  country  do  not   require. 

By  this  maxim  let  t,he  articles  which  may  affedl 
France  be  fairly  examined. 

The  great  objefllon  to  the  1 7th  article  is,  that  it 
•*  has  fclem: ' ;  relinqulfhed  a  point,  which  to  us  was 
of  more  value  .an  the  amount  of  all  the  depredations 
on  our  trad.,  ilie  fums  due  to  us  for  negroes,  and 
.lofTes  by  detention  of  our  pofts."  Now,  what  is  the 
point  relhr^alflied  ?  The  anfwer  is,  nothing  which 
was  our  own  ;  nothing  which  we  could  command ; 
Clothing  wlilch  the  Britiih  nation  did  jnot  enjoy  before. 


C    243    ] 


The  article  (lipulates,  that  veflels  captured  on  fuf- 
plcion  of  having  enemies*  property  on  board,  or  of 
varrying  contraband  articles  to  an  enemy,  fhall  be 
brought  into  the  nearell  or  moft  convenient  port,  and 
if  any  property  of  an  enemy  is  found  on  board,  that 
part  only  which  belongs  to  the  enem^;  .  fliall  be  made 
prize.  This  is  faid  to  be  a  relinquiOiment  of  an  Im- 
portant point  on  our  part.  This  is  a'  grqfs  mifrepre- 
fcntation.  '.  ' 

RelIn4wU»  'ent  implies  an  abandonment  of  fome- 
thlng  polfefled.  If  we  .  ,  "^  had  a  right  to  prevent 
the  capture  of  our  veflels,  onfufplclon  of  having  ene- 
mies' property  on  board,  and  to  prevent  the  feizure  of 
that  property,  then  we  have  not  relinquifhed  it.  But 
that  right,  with  refpeft  to  nations  not  In  treaty  with 
us,  we  never  ppflefled  ;  we,  therefore,  have  yielded 
nothing  that  we  before  enjoyed. 

By  the  law  of  nations,  any  neutral  veflel  may  be 
flopped  and  fearched,  and  any  property  of  an  ene- 
my found  on  board,  may  be  feized.  This  law  can- 
not be  altered  but  by  confent  of  the  contrading  par- 
ties. Great  Britain  has  that  right  confefTedly,  and 
fhe  will  not  at  prefent  confent  to  relinquifh  It.  She 
will  exercife*  that  rifht — fhe  does  exeroife  it — and 
where  is  the  power  to  compel  her  to  abandon  it  ? — 
We  have  no  fuch  power,  nor  's  there  a  power  on  earth 
that  has  a  right  to  demand  It,  or  authority  to  enforce 
fuch  ^  demand.  If  that  is  ever  fuiTcndered,  it  mull 
be  by  voluntary  confent. 

This  being  the  true  ftate  of  things,  what  has  the 
article  of  the  treaty  ftipulated  ?  Obferve  the  trade. 
It  is  not  faid  the  property  of  an  enemy  may  be  taken 
— but,  taking  the  right  for  granted,  it  fays,  the  ene- 
my's  property,  only,  Jhail  be  made  prize. 

The  article  further  (lipulates,  and  this  was  obvi- 
oufly  the  main  purpofe  of  inferting  it  in  the, treaty, 
that  the  veifel  flmll  be  fuffered  to  proceed  with  the 
reft  of   her  cargo,  without  impediment — that  there 


I 


'ill 


I'li 


,«!, 


if*l;J 


'If;  I 


l^l 


C     «44     ] 

Aiall  be  no  delay  m  deciding  on  fiich  cafe*  and  hi 
the  payment  or  recovery  of  indemnification  by  the 
owners  or  by  the  maU.rs  of  the  vtfTcls. 

In  fhort,  the  whole  amount  of  the  article  is,  that 
the  pradb'ce  of  Hopping  and  examining  (hips  for  ene- 
my's property-— a  practice  autho~ized  by  the  law  oi 
nations — a  pra£Hce  wh.>h  Great  Britain  will  not  re- 
fign,  and  which  we  cannot  perfuade  or  compel  her  ta 
reiign — that  this  pradice  (hall  be  rendered  as  little  in- 
convenient to  our  trade  as  poflible.  The  article  wa» 
intended  to  reft  rain,  as  far  as  poiUble^  the  abufes  of 
this  praftice  by  licentious  privateers. 

There  are  many  men>  who,  without  any  rule  of  con- 
dud  prefcribed  to  them,  would  behave  with  unbound*^ 
cd  hcentioufnefs  f  but  if  a  national  compadt  is  before 
their  eyes,  they  will  refpedl  the  rules  p  jribed.  So 
far,  therefore,  as  the  article  goes,,  it  can  do  no  harm  ^ 
but  it  may  and  often  will  do  good.  ' 

But  to  exhibit  this  thing  in  ft  ill  ftronger  light,  I 
will  give  the  whole  of  Mr.  JefFerfon's  letter  on  the 
fubjedk.  It  is  an  anfwer  to  a  remonftrance  from  Mr.^ 
Genet  to  the  prefident,  refpedling.  the  feizure  of 
French  property  on  board  of  American  vefTels,  dated 
July  9,  1793.  ^^  ^3  the  very  point  in  queftion,  and  as. 
the  reafoning  of  Mr.  JefFerfon  is,  in  the  prefent  cafe 
iHiaafwerable,  it  in  proptr  the  public  fliotild  have  the 
letter  entire. 


Philadelphia,  July  24tb,  1793. 

Mr.  JtfTerfon,  Secretary  of  State,  to  Mr.  Genet,  Mi- 
nifter  Henipotentiary  of  France^ 

Sir,  .  '-■.  ■''■'' 

YOUR  favor  of  the  9th  Inft.  covered  the  infor- 
mation of  Silvat  Ducamp,  Pierre  Nouvel,  Chouquet 
de  Savarence,  Gallon  de  Nogere,,  and  G.  Beuftier^. 


[     HS    ] 

that  being  on  their  pafTage  from  the  French  Weil* 
Indies  to  the  United  States,  with  (laves  uikI  meitlian- 
dife  of  their  property,  thefe  veirels  were  lloppod  by 
Britifh  armed  veflels,  and  their  property  taken  out  as 
lawful  prize. 

I  believe  it  cannot  be  doubted,  but  that  by  the  ge- 
neral law  of  nations,  the  goods  of  i^  friend  found  in  the 
veflels  of  an  enemy,  are  free,  and  the  goods  of  an 
enemy,  found  in  the  veffel  of  a  friend,  are  lawful 
prize.  Upon  this  principle,  I  prefume,  the  Britifh 
armed  veffels  have  taken  the  property  of  French  ci- 
tizens found  in  our  vefTels,  In  the  cafes  above-men- 
tioned, and  I  confefs  I  fhould  be  at  a  lofs  on  what 
principle  to  reclaim  it.  It  is  true,  that  fundiy  na- 
tions, defirous  of  avoiding  the  inconvenitiice  of  hav- 
ing their  veffels  flopped  at  fea,  ranfacked,  carried 
into  port,  detained,  under  pretence  of  having  ene- 
my's goods  on  board,  have,  In  many  iuitances,  in- 
troduced by  their  fpecial  treaties,  another  principle 
between  them,  that  enemy  bottoms  fhall  make  ene- 
my goods,  and  friendly  bottoms  friendly  goods  ;  a 
principle  much  lefs  embarrafilng  to^-  commerce,  and 
ecjual  to  all  parties  in  point  of  gain  and  lofs  ;  but 
this  is  altogether  the  effect  of  particular  treaty,  con- 
trouling,  in  fpecial  cafes,  the  general  principle  of  the 
law  of  nations,  and  therefore  taking  cifec^  between 
fuch  nations  only  as  have  fo  afrreed  to  controul  it. 
England  has  generally  determined  to  adhere  to  the 
rigorous  principle,  haviiTg,  in  no  inftance,  as  far  as 
I  recoiled^,  agreed  to  the  modification  of  letting 
the  property  of  the  goods  follow  that  of  the  veffel,, 
except  in  the  fingle  one  of  her  treaty  with  France., 
We  have  adopted  this  modification  in  our  treaties  with 
France,  the  United  Netherlands,  and  Fruffia ;  and 
therefore,  as  to  them,  our  veffels  cover  the  goods  oF 
their  enemies,  and  we  lofe  our  goods  when  in  the  vef- 
fels of  their  enemies.  Accordiiigly,  you  will  be  pleaf-- 
(;d  to.  recolkd^,  tliat  in  the  kt€  csif^  of  HoUand.aQdl 


'  V 
'  J!i 


.lililiJtLI. 


Jill, 


m^  i 


;i 


W: 


t  hs  i 

Mackic,  citizens  of  the  United  States,  who  had  ladem 
a  cargo  of  flour  on  board  a  Britilli  vcfFel,  which  was 
taken  by  the  French  frigate  Ambufcade,  and  brought 
into  tliia  port ;  when  I  reclaimed  the  cargo,  it  was 
only  on  the  ground  that  they  were  ignorant  of  the  de- 
claration of  war  when  it  was  ftiipped. 

You  obferved,  however,  that  the  14th  article  of 
our  treaty  had  provided  that  ignorance  fliould  not 
be  pleaded  beyond  two  months  after  the  dechratioa- 
of  war,  which  term  had  elapf.  d,  in  this  cafe,  by  fome 
few  days  ;  and  finding  twat  to  be  the  truth,  though 
their  real  ignoratice  was  equally  true,  I  declined  the 
reclamation,  as  it  ntver  \.m3  in  my  view  to  reclaim 
the  Ccirgo,  nor  in  y^urs  to  offer  to  reilore  it,  by  quef- 
tioning  the  rule  eilabliflied  in  ovn*  treaty,  that  enemy 
bottoms  make  enemy  goods.  AVith  England,  Spain, 
Portugal  and  Auftria,  we  have  no  treaties ;  therefore 
we  have  nothing  to  oppofe  to  their  adling  according 
to  the  general  law  of  nations,  tiiat  enen\y  goods  arc 
lawful  prize,  though  found  in  the  bottoms  of  afrierd. 
Nur  do  1  fee  that  France  can  fufFer,  on  the  whole,  for 
though  flie  lofes  her  goods  in  our  vefTels,  when  found 
therein  by  England,  Spain,  Portugal  or  Auilria,  yet  (he 
gams  our  goods  when  found  In  the  veflels  of  England, 
Spain,  Portugal,  Auftria,  the  United  Netherlands  or 
Prulfia  ;  and  I  believe  I  may  fafely  aHiirm,  that  we  have 
more  goods  afloat  in  the  veflels  of  thefe  fix  nations, 
than  France  has  afloat  in  our  veflTels,  and  confequently, 
that  France  is  the  gainer,  and  we  the  loi'er,  by  the  prin- 
ciple of  our  treaty  ;  indeed  we  are  lofjrs  in  eveiy  direc- 
tion of  that  principle;  for  when  it  works  In  our  favor,  it 
is  to  fave  the  goods  of  our  friends;  when  it  works  againfl: 
us,  it  is  to  lole  our  own  ;  and  we  fliall  continue  to  lofe 
while  the  rule  is  only  partially  eftabllflied.  When  we 
fhall  have  eftabliflied  it  with  all  nations,  we  fliall  be 
in  a  condition  neither  to  gain  nor  lofe,  but  fliall  be 
lefs  expofed.  to  vexatious  fearches  at  fea.  To  this 
condition  we  are  endeavouring  to  advance  ;  but  as  it 
depends  on  the  will  of  other  nations,  as  well  a^  our. 


"..  >  i 


E    247    2 

mvn,  we  can  only  obtain  It  whfn  they  fliall  W  reaJy 
to  concur. 

I  caaiiot,  therefore,  but  flaltcr  mylclf,  that  on  re»- 
vliing  the  cafes  of  Ducamp  and  othcis,  you  will  per- 
ceive, that  their  loflcs  reiiik  from  the  Hate  of  war, 
which  has  permitted  their  enemies  to  take  their  goods, 
though  found  in  our  veffels,  and  confequently,  from 
circumiljUices  over  which  we  have  no  controul. 

Tlie  rudenefs  to  th^jir  perfons  pra6lifed  by  their, 
enemies,  is  ctrtainly  not  favorable  to  the  charadler  of 
the  latter.  We  iuA  {or  it  as  much  as  for  the  exten- 
fion  of  it  to  our  own  citizens,  their  conrpanlons,  and. 
find  in  It  a  motive  for  requiring  meafures  to  be  taken, 
which  may  prevent  repetitions  of  it. 

1  have  the  honor  to  be,  &c. 

Th.   JEFFERSON.. 


I  beg  the  reader  to  note  the  following  claufe  of  the 
foregoing  letter:  "  To  this  condition,  we  are  endea- 
vouring to  advance  ;  but  as  it  depends  on  the  <wi/I  of 
other  nations  as  \\  ell  as  our  own,  we  can  only  obtain 
it,  when  they  iliall  be  ready  to  concur." 

I  will  clofe  with  remarking,  that  by  our  treaty. 
with  France,  it  ia  exprcfsly  ilipulated,  that  free  (hips 
fliould  make  free  goods.  The  convention,  however, 
in  1793)  o^'^^'^'^^l  veffels,  laden  with  provlfiuns,  to  be 
carried  into  their  ports,  in  violation  of  that  treaty. 
They  afterwards  revoked  the  decree  with  refpeft  to 
American  veffels.  They  afterwards  extended  the  de- 
cree to  American  veffels,  in  defiance  of  the  treaty. 
A  few  months  ago,  they  relented,  conFefled  they  had 
ill-treated  their  alii  s,  and  annulled  the  decree  a  fecond 
time.  A  llatement  of  thefe  fadls  was  made  by  the 
prefidentto  congrefs,  Dec.  5,  1793.     See  his  addrefs 


I:     .1 


' 


(; 


'! 


'j'' 


I'.;,     i 


C     *48     ] 

«f  thnt  (late,  prefixed  to  the  correfpondence  between 
Mr.  JcfFerfon  and  Mr.  Hammond. 

Such  uiiiUadiiiefs  in  public  meafures  operates  pecu- 
Karly  to  the  prejudice  of  trade.  The  merchant,  if 
hi?  ktimvs  enemy's  pix>pcrty  is  liable  to  feizure,  may 
avoid  riik  by  declining  to  take  it  on  board.  But 
when  a  nation  is  changing  its  regulartiona  on  this  head, 
the  merchant  is  cxpofed  to  vexations,  without  the 
power  of  avoiding  the  evil. 

No.  IX.  ^ 

Article   1 8. 

THIS  is  one  cf  the  articles  in  the  treaty  which 
gives  great  oiTeiice.  The  objections  to  ft  are — "  That 
it  enumen'tes  among  contraband  goods,  timber  for 
fliip  building,  tar  and  rozin,  copper  in  fjuets,  fails> 
hemp  and  cordage,  and  generally  whatever  may  fcr\'e 
diredlly  to  the  equipment  of  veffels,  unwrought  iron 
and  fir  planks  on^y  excepted  ;  and  that  it  admits  pro- 
vifions  in  certain  cafes  to  Ijc  contraband,*'  contrary  to 
all  our  other  treaties,  and  even  corjtraiy  to  the  treaty 
of  !786,  between  Great  Britain  and  France. 

I  frankly  acknowledge  that  no  part  of  the  treaty 
18  Tnore  vulnerable  than  this  :^ — no  part  can  furnifh 
more  fubflantial  grounds  of  complaint. 

This  article  proceeds  from  a  ltil(fl  adherence  on  the 
part  of  Great  Britain,  to  eveiy  part  of  the  law  of 
irations,  which  favors  her  ftipcriority  as  a  great  mari- 
time power ;  and  its  defence  refls  on  the  inability  of 
our  envoy  to  procure  a  relaxation  of  thofe  laws. 

The  time  for  negociating  this  article  was  unfavora- 
ble; as  in  moil  other  refpetts  it  was  favorable.  Great 
Britain,  always  anxious  to  preiervc  her  naval  flrcngth, 
tsbe  great  and  c>«ly  bulwark- of  the  nation,  is  now  en- 
gaged »n  a  moft  inveterate  war  with  France,  a  war 
on  which  her  very  exiftence  depends,  and  at  this  time, 
•wiE  not  yit4d  one  claufe  of  the  law  of  nations,,  to 


C    249    J 


abridge  her  own  power  of  crippling  the  naval  force 
of  her  enemy.  This  is  a  fiKcd  point ;  and  our  envoy 
could  only  admit  the  article  in  that  form. 

There  were  but  two  alterations ;  both  of  which 
would  rcfult  in  the  fame  confcquences  to  our  trade,—^ 
This  idea  is  an  important  one.  If  the  article  had 
been  rejc£^ed  by  our  minliler,  Great  Britain  has,  and 
adtually  exerctfesy  the  right  by  the  general  laws  of  na* 
tions,  to  confidcr  all  thofe  articles  contraband,  and 
to  declare  them  fuch,  when  (he  judges  that  by  thefe 
weans  fhe  can  reduce  her  enemy.  If  the  article  wa» 
received,  it  could  give  no  greater  latr;ude  to  Great 
Britain  than  (he  enjoyed  before.  -V/hichever  alterna- 
tive our  envoy  might  choofe,  (>ar  t  ade  muft  be  fub- 
jeft  to  the  exerclie  of  the  fame  ri^jbt  an  •  to  ide  fame 
embarraffments. 

If  the  right  of  treating  all  the  articles  mentioned 
as  contraband,  refults  from  the  L  v  of  natious,  and 
if  Great  Britain  will  not  abandon  that  right,  is  it  nr^t 
better,  in  a  treaty  of  a  temporary  nature,  to  accede 
to  the  right,  and  enumerate  the  articlfs  which  are 
liable  to  felzure  and  confifcatlor,  that  our  merchants 
may  know  the  law,  and  avoid  lofTea,  than  to  fufFer 
that  right  to  Hand  on  the  law  of  nations,  which  is 
lefs  known,  and  which  might  expofe  our  citizens  ta 
heavy  lofles  ? 

Every  liberaT  man  r^\[\(  wllh  to  fee  the  field  of  con* 
fifcations  in  war  narrowed  as  much  as  poflible  :  bat  if 
we  caunot  circumfcrlbe  that  field,  Is  it  not  of  great 
hrpoitance  to  oui*  citizens,  to  mark  oat  the  ground; 
with  di{lin(t\  lines,  tliat  every  man  may  diilinguifh  it 
and  fliun  the  danger  ? 

Every  rational  perfon  will  fay,  /'/  Is  ;  and  this  is. 
the  effed  of  this  article  of  the  treaty, 

I  know  it  has  been  contended  that  timber  and 
provilions  are  not,  by  the  law  of  nations,  contraband.. 
But  Vattel,  a  modern  French  writer,  r/  i\\i  higheft 
authority,  includes  them  among   contraband  goods.. 


m 


I 


dm  i'  '■ 


^;t.:- 


P'll  •' 

iiM.'.    ■ 


[  250  ] 

His  words  are,  "  Commodities  particularly  ufcd  in 
war,  and  the  importation  of  which  to  an  enemy  is 
prohibited,  are  called  contraband  goods.  Such  are 
arms,  military  and  naval  ftores,  timber,  horfes,  and 
even  provlfions,  in  certain  jundurcs,  when  there  are 
hopes  of  rcLLicing  the  enemy  by  famine.'*  Book  3. 
ch.  7.  Se6l.  112. 

The  words,  naval  ftores,  includes  cordage,  hemp,, 
tar,  rozin,  and  every  thing  that  ferves  for  the  equip- 
ment of  fhips  of  war.  In  the  treaty  of  1786,  Great- 
Britain  and  France  had  excepted  naval  ftores  and  pro- 
vifions  from  the  lift  of  contraband  articles.  That 
treaty  is  annulled  by  the  prefent  war  ;  and  in  a  nu- 
merous colledion  of  treaties  now  bef(  re  me,  I  find 
no  inftance  of  an  enumeration  of  naval  ftores,  as  ex- 
cepted from  contraband,  by  Gisat-Britain.  But 
naval  ftores  are  generally  left  by  that  nation,  as  con- 
traband by  the  general  law  of  nations.  The  right 
to  confider  them  fo,  can  be  abridged  only  by  treaty  ; 
and  Great-Britain,  at  this  moment,  will  confent  to  no 
fuch  abridgment. 

Some  people  fay,  it  is  better  to  let  this  point  reft 
on  the  law  of  nations,  than  to  admit  It  in  a  treaty. 
This  Is  merely  a  matter  of  expedience ;  but  If  the 
fafcty  of  the  merchants'  property  is  coniulted,  it  is 
unqueftionably  better  to  have  the  contraband  articles 
enumerated. 

The  ftipulations  Ih  the  2d  and  ^d  claufe,  of  the 
1 8th  article,  are  in  favor  of  neutral  vefTels.  The 
agreement,  that  when  provifions  are  regarded  as  con- 
traband, they  fliall  be  paid  for  to  their  full  value,  with 
a  mercantile  profit,  freight  and  demuiTage,  is  a  rule 
of  direction  to  the  captors,  that  may  prove  favorable 
to  a  neutral  trade,  fubje^l  to  be  embarrafied  by 
powers  at  war.  And  the  provifion  of  the  laft  claufe, 
that  neutral  vcflels  entering  a  blockaded  port,  not 
knowing  It  to  be  blockaded,  fiiall  not  be  feikjcd  and 


)  f 


i& 


I    *5i     ] 

confifcated  for  the  firll  attempt,  is  equally  falutary 
and  favorable.  * 

Article  19* 

This  article  provides  agalnll  the  ill  ufage  which  the 
fubje£ls  of  neutral  powers  are  liable  to  receive  from 
the  commanders  of  fhlps  of  war  and  privateers.  Tliis 
article  is  common  in  treaties — it  is  in  nearly  the  fame 
words,  as  in  all  our  other  treaties  with  foreign  nations. 

But  it  will  be  of  much  more  ufe  between  Great 
Britain  and  America,  as  It  will  operate  as  a  prohibi- 
tion againft  impreffing  American  feamen  on  board  of 
Englifh  fhips.  It  has  been  obje6led  to  the  treaty, 
that  no  provlfion  of  this  kind  is  included  in  it.  But 
the  1 9th  article  is  a  dlre6l  prohibition  of  this  praftice. 

On  account  of  a  famcnefs  of  language,  it  is  defi- 
:rable  that  fome  effectual  mode  might  be  devlfed  to 
diftlngulfh  American  from  B.rltKh  feamen.  It  might 
,be  of  importance  that  American  feamen  fhould  be 
provided  with  certificates  of  their  citizenfhip,  under 
the  feal  of  fome  public  officer.  This  doubtlefs  de.- 
ferves  the  attention  of  our  executive,  perhaps  of  cous- 
grefs,  as  not  only  Britllh  commanders,  but  French 
alfo,  have  miftaken  American  feamen  fv)r  Britifh,  and 
our  citizens  are  thus  cxpofed  to  injuftlce  from  both 
parties. 

It  has  been  obje^^ed  that  the  bonds  required  of 
the  commanders  of  privateers  to  indemnify  perfons  in- 
jured, are  not  large  enough — the  fums  being  limited 
to  1500I.  fterling  for  fmall  privateers,  and  3000I. 
fterling,  in  cafe  the  privateer  carries  more  than  one  hun- 
dred and  fifty  men.  It  is  fufficient  to  fay,  in  anfwer  to 
this,  that  few  cafes  can  occur,  where  damages  to  a 
greater  amount  will  be  incurred  :  and  where  the  bonds 
do  not  fccuie  the  damages,  a  complaint  to  government 
will  infure  any  further  claims  founded  in  julllce. 

It  may  be  obferved,   that  this  claufe  .of  the  article 

is  copied  nearly  from  a  fimllar  one  in  the  treaty  of 

"■1786,  between  Great  Britain  and  France.     The  funv 


il* 


t    252    3 


Cmlted  by  that  treaty  are  the  fame ;  and  will  probably 
be  found  equal  to  all  neceflary  purpofes. 

The  laft  claufe  obliges  judges  of  admiralty,  in  cafe 
any  fentence  of  condemnation  has  been  pronounced 
againft  veflcrls  or  goods,  to  deliver  on  demand  authen- 
tic copies  of  the  proceedings  to  the  mafler,  he  pay- 
ing the  legal  fees.  A  (lipulation  of  this  kind  was 
neceffaiy ;  as  inftances  of  delay  and  refufal  of  fuch 
copies  have  been  experienced  by  our  citizens  during 
the  prefent  war. 

The  20th  article  Is  ufual  in  all  treaties.  It  makes 
provifion  for  guarding  property  from  pirates,  or  reftor- 
ing  it  to  its  proper  owners-— a  provifion  of  mutual  be- 
nefit, to  the  contrading  parties,  and  liable  to  no  ob- 
je£lioa*  > 


If 


No.  X. 


Article  21. 

THIS  article  prohibits  the  fubje^ts  of  the  contrad- 
ing  parties,  to  commit  a^  of  hoilility  againft  each 
other — to  accept  commiilions  from  a  foreign  prince 
or  ftate,  enemiea  to  the  other  party — to  enlift  them 
into  military  fervice,  &c.  and  declares  that  the  laws 
©gainft  fuch  offences  fhall  be  punctually  executed. 
The  law  of  the  United  States,  pafTed  in  June  1794, 
tnadts  the  penalty  of  a  fine,  not  exceeding  2000  dol- 
lars, and  imprifonment  for  the  foregoing  offences. 

The  fame  article  of  the  treaty  makes  it  piracy  to 
Hccept  a  foreign  commiflion  or  letter  of  marque,  for 
arming  any  privateer  to  adl  againft  the  other  party. 
This  is  prohibited  alfo  by  the  fame  law  of  the  Uni- 
ted States,  under  a  penalty  of  imprifonment,  at  the 
difcretion  of  the  courts  and  a  fine  not  exceeding  5000 
doUarg. 


.«;£i!k«.-r.-. 


[     »53    ] 

When  tlic  treaty  firft  appcrttcJ.  this  article  ex~ 
Gitcd  inuch  acrhnony.  It  wasconficlcrcd  as  pointed 
at  the  niilitarv  manoeuvres  of  a  late  French  mi- 
niO-'M'.  who  had  attempted  to  excite  Americans  to 
WuV  .gainfl:  the  Spanifh  icttlements,  and  to  priva- 
teering agviinfl  Great  Britain.  It  was  hippolcd  to 
reflrain  the  right  of  expatriation :  a  doftrine  fnfi: 
propagated  by  the  lame  Frenchman,  to  evade  the  law 
of  nations  and  a  doftrine  which  never  would  have 
entered  the  heads  of  our  citizens,  had  it  not  been 
taught  by  that  artful  fophiH;.  In  giving  their  de- 
cided opinion  agiinft  thisarticle  of  the  treaty,  many 
rafli  men  found  tliemlelves  in  a  dilemma,  v/hen  ihey 
were  informed  that  the  article  was  in  our  treaty 
with  France, 

So  eager  were  people  of  a  certain  faction  to  con- 
demn the  whole  treaty,  that  tlicy  v/ould  not  give 
thcmfclves  time  to  he  informed  whether  it  was  light 
or  wrong.  But  when  they  came  to  be  told  tint 
they  were  rcftrained  from  taking  foreign  commif- 
lions  to  a6l  again  it  a  pov/er  at  peace  with  the 
United  States,  by  the  acknowledged  laws  of  na- 
tions, by  an  exprcls  flatutc  of  the  United  States, 
and  by  an  article  in  all  our  other  treaties,  they  began 
to  blufli  for  their  hallc  in  giving  opinions  on  what 
they  did  not  underlland.  No  article  in  the  treaty 
is  more  requiiite  for  the  peace  of  our  nation,  and 
none  more  conformable  to  the  principles  of  jufLicc 
between  governments. 

Vattel  fays,  "  a  nation  ought  not  to  fuiler  the 
citizens  to  do  an  injury  to  the  fubjc6ls  of  iinother 
ibite,  much  Icfs  to  olFcnd  the  ftatc  itlelf.  If  you  kt 
loofe  the  reins  of  your  iubie6ls  a;nunft  forei'.:;u  tP:- 
tions.  thcfe  will  behave  in  ihe  lame  ni.iru;':i  lu  )o;i  ; 
and  inftcad  of  that  friendly  intercourfe  whiclin.'ture 
has  cilablilhcd  between  all  men,  we  fhould  iee 
nothing  but  one  nation  robbinG[  anotlicr."  i].  2. 
ch.  6. 

*'  I  account    airaclatcs  of  an  eneiiiv,  thofc  who 

Z 


f ' 
t  I 


C     =5-1     J 

ixiTid  him  III  his  war  witliout  being  obh'gcd  to  it 
by  treaty."     K.  «.  cb.  6. 

A  nation  is  not  accountable  for  every  aft  of  an 
individual  citizen  ;  but  if  a  flute  or  nation  openly 
permits  the  citizens  to  take  part  with  the  enemies 
of  a  third  ncition,  that  third  nation  has  a  right  to 
confulcr  that  (late  as  making  a  common  cau{c  with 
its  enemies,  and  to  declare  war  againil  it  of  courie. 
The  peace  of  neutral  nations  depends  or.  the  pro- 
hibitions of  this  article  of  the  treaty. 

It  has  been  (;})jcfted  to  this  article,  that  it  is  un- 
conllitutional,  as  it  creates  the  crime  of  piracy,  when 
the  power  of  dchning  piracy  is  vefted  in  congrefs. 
But  the  aft  of  congreis  before  mentioned,  admits 
the  right  of  tlie  prefidcnt  andfcnate  to  define  piracy 
in  treaties:  as  the  9th  Icftion  cnafts,  "that  nothinor 
in  the  aft  fliall  be  conftrued  to  prevent  the  prole- 
cution  or  punifliment  of  treafon  or  a  piracy  defined 
by  a  treaty^  or  other  law  of  the  United  States." 

Nothing  maiks  the  partiality  of  a  certain  faftion 
more  diftiiiftly  than  their  objeftions  to  this  article. 
We  have  had  a  hmilar  article  in  our  treaty  with 
France  more  than  feventeen  years:  and  in  our  treaties 
with  Sweden,  Pruffia,  and  the  States  General,  more 
than  ten  years,  and  not  a  (yllable  of  objeftion  was 
lifped  againft  the  principle.  People  did  not  gene- 
rally know  that  luch  an  article  cxifted.  But  the 
moment  our  government  treats  Great  Britain  with 
the  lame  mealure  of  jullicc,  as  we  had  before  ob- 
fcrved  towards  other  nations,  our  Jacobins  begin 
to  clamor. 

It  is  this  popular  partiality  for  France;  this  dlf- 
pofition  to  favour  every  tiling  French,  at  the  ex- 
pcnfe  of  every  pi  inciple  of  juflice  and  equity, 
which  occafions  all  tlie  diiuculty  our  executive  has 
encountered  in  preferving  oui- peace,  and  in  accom- 
jpiodating  our  diilcrcnccs  with  Gre.it  Britain.  Nay 
more;  this  partiality  ch'fplaycd  on  all  occafions,  and 
to  a   degree  highly    impro-  or  for  a  neutral  nation. 


-  :fffi^i0^^/jmm^^^^^ 


[ 


255 


J 


lias  been  a  principal  cauCc  of  the  abufive  treatment 
ourrc'unen  have  received  from  BritiHi  privateers. 

It  is  agreed  on  all  hands,  that  our  intcrcft  as  a 
nation  is  fupcr-eminently  concerned  in  prclorvinfr 
peace.  But  how  can  peace  be  fccurcd  unl?i!^:  wc 
treat  the  powers  at  war  with  impu'ti.ility  tDul  juf. 
tics  ?  Vattcl  ublei'vcs,  ''  A  nuiitrul  n.ition  (kfu'ou'i 
fafcly  to  enjoy  the  c«)nvunlcfu;ic!»  of  tliat  (hte,  is 
in  all  tliin<r^s  to  flicw  an  cv.'jtl  i.vipaitiulity  bcivvocii 
the  paiticsat  war;  for  ihould  one  uition  favour 
another  to  iu  dv'trimcnr,  that  luition  cannot  com- 
plain if  tlic  oth*cr  treats  it  as  an  adlicrcnt  and  con- 
federate of  his  enovny." 

Our  people  jiavc  intbsd  ?  fin'^  npolo^ry  for  (licw- 
in_^  a  preference  i:)  Franco  j  tlist  of  favouring  libei  ty 
and  rcpublicanifm.  So  f;ir  ?s  thvj  French  fight  for 
national  indcpatidcncejagahirk  the  combined  pow,ers, 
they  arcengi'^ijd  in  a  jafl  and  ncc:.iTary  war,  and  the 
willies  of  all  Americans  mud  be  wiih  them.  But 
people  who  thick  Franco  has  a  republican  govern- 
ment, or  any  other  free  government,  are  C;^rc:/,iouQy 
miftukcn.  N'or  is  there  as  great  a  proi"pe6l  uf  her 
Cilabli flu njr  a  republic,  as  there  is  that  ihc  is  doomed 
to  defpotUin,  or  to  be  fplit  into  a  multitude  of 
finall  fafUous  democracies,  perpetually  at  war  with 
each  other. 

People  arc,  therefore,  in  every  view,  unj  .iflifiablc 
in  aidin.5  any  of  the  powers  at  war,  in  a  manner  not 
warranted  by  the  laws  of  neutrality.  Ai  we  value 
cur  own  government,  p.nd  the  profpcrity  of  the 
Cvuantry,  we  arc  to  avoid  every  a6l  which  can  com- 
mit a  breach  on  our  public  peace.  It  is  rafhncfs 
and  madnefsto  combine  our  intereft  Vvdth  any  Euro- 
pean power  in  fuch  a  manner,  as  to  be  drawn  into 
the:"  political  contentions.  The  pretence  of  aiding 
the  caufe  of  liberty  is  a  mere  artifice  to  catch  our 
pafiions.  If  the  nations  of  Europe  cannot  defend 
their  liberties,  we  cannot  be  anlwerable  for  their  ill 
uccels.     Wc  aid  them  beft  by  our  peace  and  our 


i 


n   a 


ufti 


y- 


C     =56     ] 

"Mie  2?A  article  of  the  treaty  ftlpulatcs,  that  in  cafe 
of  injuries  or  damage  on  one  fide  or  (he  other,  nei- 
ther parly  will  authorifc  rcprifals,  until  a  ftatement 
of  the  fame,  verified  by  proof,  fliall  be  prefcnted 
to  the  other,  and  f.itisfatlion  demanded.  This  fli- 
pulation  is  in  cxafl:  conformity  with  the  law  of  na- 
tions, and  is  fupported  by  principles  of  policy  and 
julllce. 

The  provifions  in  the  23d  article  are  well  adapted 
to  advance  the  intentions  of  the  contrn^ling  parties, 
and  arc  reciprocally  beneficial.  The  pcrmilTion  of 
American  vcffcls  to  enter  prohibited  ports  in  cnfc 
of  diHrcfs,  is  a  conceffion  conformable  to  the  laws 
cf  hofpitality. 

The  objc£lion  to  the  claufe  which  enjoins  a  rc- 
fpe£l  to  be  paid  to  officers  according  io  tlieir  commif- 
fions,  can  be  railed  only  by  men  who  are  dcftitute 
of  the  civility,  v.^hich  enjoins  that  refpe£l. 

The  t?4th  article  prohibits  foreign  privateers  with 
cominifiions,  from  a  prince  or  flatc  ni  enmity  with 
cither  nation,  to  arm  or  fell  prizes  in  the  ports  of 
the  parties. 

The  25th  article  makes  it  lawful  for  the  fliips  of 
war  snd  privateers  of  either  party  to  enter  the  ports 
cf  the  other,  without  being  liable  to  be  fearclied, 
feizcd,  or  detained,  or  to  pay  admiralty  fees. 

Thefe  flipulations  are  alio  in  our  treaty  with 
France  ;  and  no  well  grounded  objection  has  been 
made  to  them.  Some  fuporlicial  people  have  fup- 
pofed  that  they  clafh  with  our  treaty  with  France. 
But  there  is  an  exprcfs  declaration  that  thefc  ftipu- 
huions  fhall  not  be  confbrucd  to  operate  contrary  to 
former  exifling  treaties.  And  if  no  fuch  caution 
had  been  taken,  the  treaty  with  Great  Brit-^in  could 
not  have  operated  to  the  prejudice  of  France;  for 
it  is  an  exprcfs  law  of  nations.  "  That  a  fcivercign 
(or  ftate)  already  bound  by  a  treaty,  cannot  m.ake 
ethers   contrary  to   the   fiifl.     /Ihe   things   about 


Hip- 


C     =J7     ]        ■ 

wliicli  li2  his  entered  Into  cngagcincnts,  arc  no 
lonrjer  at  liis  difpofal. 

'•  If  it  happens  tlmta  pofLerior  treaty  Is  foiiucl.  In 
fomc  point,  to  eontraditl  one  tlrat  Is  more  aneicnt, 
the  new  treaty  is  null  with  r<.:fpe.ci  to  that  point — This 
relates  to  treaties  with  dificrent  powers."  Vattcl, 
B.  2.  Ch.    12.  Scd.    165. 

S(3  far  the  fcTrs  of  per.plc  are  totally  groundlef^. 
But  the  following  claufe  hascxeited  acrimonious  re- 
marks. '•  The  two  pivtlcs  agree,  that  while  they 
continue  in  amity,  neither  of  them  will  in  future 
make  a  treaty  that  fliall  he  inconlident  with  this 
and  the  preceding  artirle."  What  can  be  the  ob- 
je6lon  to  this  cl.iufe?  The  law*  of  nations,  and  the 
rules  of  moral  juflice,  forbid  a  flate  to  make  a  fubl'e- 
quent  treaty  to  infringe  a  prior  one.  No  natiori 
can  do  it.  Tho  paOage  juft  quoted  from  Vattcl  is 
cxprefsly  to  this  purpofe  :  and  the  claufe  has  done; 
nothing  more  than  convert  a  moral  obligation  into 
a  contraft,  a  law  of  nations  into  a  conventional 
law  between  the  parties.  Stipulations  of  this  kind, 
like  flatutcs  in  afFirminj-if  of  comm.on  law,  add  the 
fantUon  of  a  pohtlve  contract  to  an  implied  one. 
No  new  oblio-.uioa  is  created ;  an  aa;reement  of  this 
fort  maybe  confidered  as  flreniithcnino;  the  old  one. 

The  26th  artitcle  provides,  that  in  cafe  of  v/ar, 
merchants  may  continue  to  refidc  in  the  reipeftivc 
dominions,  behaving  peaceably — and  in  cafe  their 
condu^l  fhall  render  thcni  fulpeftod,  the  term  of 
twelve  months  is  allovrcd  to  fettle  their  accounts  and 
remove  their  families  and  cnefts.  This  is  a  favor- 
able provlfion,  and  highiv  neceiTary,  between  cc^un- 
tries  fo  extenfivelv  connected  In  commerce.  The 
term  of  1 2  months  for  removal,  is  longer  than  is 
ulually  allowed  ;  the  term  generally  ahigncd  ii\  trea- 
ties Is  6  or  9  months. 

To  the  two  lad  articles,  I  prefumCj  no  ohjo^licns 
arc  made, 

Z2 


1, 


I 


\i\ 


,  c 


0-9 
"0^ 


] 


A'b.   A'/, 

THUS  having  attempted  to  remove  cvcrv  objcftl- 
on  of  confoqucncc  that  lias  been  urged  againft  the 
treaty,  I  will  lay  before  the  public  a  general  view  of 
our  trade  with  the  dilTerent  countncs  of  Europe, 
Alia  and  the  Weft-Indies. 

It  lias  been  flatcd  by  the  oppofrrs  of  the  treaty 
that  the  commercial  arrangements  want  reciprocity 
— that  we  concede  much,  and  gain  nothinor  which 
v.'c  did  not  before  enjoy. 

With  refpcct  to  the  inland  trade  to  Canada,  the 
ronverfc  of  the  propofuion  is  the  truth.  The  United 
States  gain  a  free  trade  to  Canada,  on  equal  terms 
with  Britifh  iubjeft,  which  we  did  Tiot  before  en- 
joy. Britilh  fubjcfls  gain  little  or  nothing  by  the 
ilipulation,  which  they  did  not  before  enjoy.  In 
tliis  part  of  the  treaty,  the  advantage  is  oa  the  fide 
ef  the  United  vStates. 

With  refpcft  to  our  foreign  commerce,  it  depends 
on  the  will  of  nations  over  whom  we  have  no  con- 
ttoid.  ^'\U  nations  claim  the  right  ofadnntting  fliips 
and  goods  ^nto  their  ports,  or  prohibiting  them  at 
r^lcaCure;  or  of  burdening  our  commerce  with  hca- 
\'y  duties.  This  right  is  abfolute,  and  when  we 
obtain  any  privilege  in  their  trade,  it  is  by  way  of 
jvvant  or  concelhon.  The  United  States  have  the 
lame  rijdit  as  to  their  own  ports;  but  they  have  not 
feen  fit  to  exclude  the  fhips  of  any  nation  from  a 
free  participation  of  their  trade. 
'  The  maritime  powers  of  Europe  find  a  navy  fa 
necelfary  to  their  lafety,  amidft  the  contending  in- 
tcrefts  of  the  diifercnt  nations,  that  every  meafure 
js  taken  to  muhiply  their  feamen,  and  increnfc  their 
{hipping.  Great-Britain  is  the  nation  mofl  inte- 
relbcd  in  this  fyftein.  From  her  infular  fituation, 
a  navv  is  her  onlv  defence — to  man  a  navy,  Ihe  muft 
raifc  feamen — to  fccure  a  fupply  of  feamen  f!ie  muft 
extend  her  commerce  and  her  carrvinfr  trade  as  far 
IS  poilible. 


C     259     ] 

In  purmancc  of  tli'is  fyflem  of  defence,  orl'^Iiint- 
cd  her  nava;:;nticn  aft,  in  1660,  which  rc(lii61s  licr 
trade  to  BritiPn  vriTcls,  and  imnned  mofl.ly  with 
I'ritilh  feimen.  That  a6l  Ivas  hecn  in  operation 
from  its  firfl  pa  (Ting  to  the  prelent  day;  and  to 
prevent  temporary  or  local  inconveniences,  from  a 
rig!  I  execution,  the  parliament  have  empowered  tlic 
king  and  council  to  diipenle  with  it  on  occafion, 
and  open  the  ports  of  Great  Britain,  or  her  colo- 
nies, at  fuch  times  and  to  fuch  nations,  as  nccefiitics 
may  require 

All  the  nations  of  Europe  have  laws  rcfpeftincr 
their  trade,  which  operate  more  or  lefs  to  encou- 
rage their  own  commerce,  and  lay  that  of  their 
neighhorjto  their  own  dominions  under  reftriftions. 

A  view  of  the  privileges  and  reftriftions  of  com- 
merce, was  offered  to  Congrefs,  Dec.  16,  1 793,  by 
Air.  Jcfferfon,  wdiich,  though  not  fufhcicntly  cor- 
real or  comprehenfive,  throws  much  li.£fht  on  tJie 
fuhjeft.  Thefe  general  fafts  will  be  fufficicnt  for 
my  purpofe  in  this  place. 

The  admiffion  of  our  yefTcls  into  the  Britifli  do- 
minions in  Euroue,  refls  now  on  an  annual  procla- 
»nation  of  the  king  and  council.  Although  intercft 
and  expedience  may  operate  to  continue  the  privi- 
lege of  entering  thofe  ports  at  all  times,  and  with 
veffels  of  any  burden,  yet  the  tenure  of  the  privi- 
lege is  precarious. 

By  the  prefent  treaty,  this  precarious  privilege 
becomes  a  right,  which  cannot  be  abridged  by  the 
executive  of  the  EngliOi  nation.  This  is  an  advan- 
tage; and  Mr.  Jeifcrfon,  in  his  Report,  admits  it 
to  be  luch.  It  was  an  obje6lion  he  urged  againft 
our  former  fl.atc  of  commerce  to  Great  Britain,  that 
it  was  precarious — That  objcftion  by  the  treaty  is 
removed. 

W  ith  refpcft  to  her  colonial  poffelTions,  Great 
Britain  has  e-)brerved  the  jeahius  policy  common  to 
all  the  nations  of  Europe,     The  Ihips  of  all  nations 


I 


'f 


^m. 


¥ 

i'  ' " 


if 


[  2fo  ] 

jirc  eytliidcd  firm  ]-cr  colonics,  unlcf^  it  may  he.  a 
])c)it  in  the  W  eft  Indies,  vvlcic  llie  Spaniaiv's  arc 


vcvniutvu  to  enter  wi 


ih  I 


^2\Vt  0( 


In  opening  licr  Wefl  Indies  to  American  ve{Tcls 
iTjf  "-o  tons  burden,  aiid  her  Knfl-  India  prrts  to 
American  velleLs  of  any  burden,  flic  h:is  conceded 
n  privilccrc,  wViidi  flie  giants  to  no  other  nation  (ii 
earth,  'i  he  (acriliee  of  the  carrying  trade  on  th.c 
p'lrt  of  t]'e  I'nited  St;itcs,  to  obtain  admifllon  into 
the  Knghih  Well  Indies,  is  deemed  more  than  equi- 
v.dcnt,  aiul  that  flipuL-.tion  will  fall  to  the  ground. 
But  the  d  teft  trade  to  the  Rritifh  Eaft  Indies,  is 
generally  admitted  to  ho  higldy  beneficial. 

Iai  liS  contra n.  thcfe  advantages  in  trade  with 
thofc  we  enji^JV  with  other  nations. 

Our  ujvioation  to  Spain  and  Portuc^cl  is  free  : 
but  many  of  our  exports  are  prohibited,  as  tobacco, 
and  rice  and  whale  oils  to  Portugal,  The  Arreriean 
tiade  however  to  Spain  and  Portugal  is  hir,hly  ad- 
vantageous in  a  number  of  articles.  But  both  thefe 
countries  prohibit  all  intercourfe  with  their  crlr;- 
nial  po  fie  {lions.  The  ports  of  Sweden  and  Den- 
mark arc  open  ;  but  the  duties  paid  on  m<*{\.  of  the 
American  produ£tic:riS  amount  to  a  proh.ibition. 

Our  naviaation  to  the  United  Is'-therlands  is  free  ; 
but  fonje  oi  the  mod  material  ai  tides  of  our  coun- 
try, as  beef,  york  and  bread- RufT,  are  prehibited, 
as  well  as  bv   Crcat-Erit 


a  1  n , 


We 


can  liave  no  in- 


tercourfe with  their  poirefhons  in  liie  Eafl-Indies. 

Fiance,  befc  :e  the  war,  guaranteed  to  the  Uni- 
ted States,  one  or  m.orc  ficc  ports  in  Europe,  and 
fueh  ports  in  tlic  Wcfl-lndies  as  were  free.  In  gc- 
rcral,  her  M'eft-Indies  were  open  hv  an  arret  of  the 
kine.     Plvcn  the  coaftin'j  trade  in  France  was  r»rin- 


-U 


d 


cipaily  earned  on  by  roreig 


n 


;ir; 


Ac 


The    revolution   has   feiifiblv    varied   the   wh(/l' 


fc( 


encof  ct  ninierce. 


iece 


mt 


,  t     !  ,  ■-.  c 


s  oTJcned  all  Frcr.cli 


ports  to  iieutrr.i  n.lioni.      But  a  navigation  a6t,  fin 
lar  to  that  of  Grc.t-Britain,  w..i  U'.erced,  ScptCi 


C   26.   J 

bcr  f>,  1793,  to  tiikc  place  Janiinry  1,  1701'  This, 
with  a  long  fplritcd  report  of  Barrcrc,  Wiis  trnnC- 
mittcd  to  Congrcfs,  and  puhliflicd  by  their  order 
in  February,  1794.  This  aft  is  (ulpendcd  (Mdy  oji 
account  of  the  necelTities  of  France,  her  comtncrcc 
being  wholly  dependint  on  neutral  bottoms.  Tfie 
moment  this  a6l  {li;ill  take  ])l;u*e,  we  fliall  be  cut  o(V 
from  all  right  to  the  trade  of  France,  cxccj)t  wliat  is 
guaranteed  by  treaty,  that  is,  one  or  vi  ore  free,  ports  * 
nnd  fuch  privileges  as  we  fluill  be  able  to  obtain  by 
future  flipuh.tions. 

The  decree  is  in  thefe  words  :— 


ACT  of  NAVIGATIOS\   of  the  FRENCH  RE- 
PUBLIC. 

The  National  Convention,  after  having  heard 
the  report  of  their  committees  of  marine,  of  cotn- 
mcrce,  and  of  public  fifcty,  conHdcring  that  the 
French  nation  has  the  incoiu^fliblc  right  of  fecuring 
by  every  method,  the  prc^I'perity  of  her  agricul- 
ture, commerce  and  induftiy  ;  that  nothing  has  a 
more  dircft  tendency  to  this  end  than  a  navigation 
aft;  and  that  in  the  fblemn  dcclu-ation  of  this  aft 
fiieoiily  makes  ufe  of  the  Himc  right  which  (he  ac- 
knowledges to  belong  to  all  other  nations — Decrees 


as 


foil 


O'.VS 


Art.  1.  That  no  U^rr'^^-!^'".  romm.odities,  produc- 
tions, or  m.crchrndize,  fhall  be  imported  but  dire  ft.- 
Iv  by  French  vcfTels,  or  thol?  belonging  to  the  in- 
habitants of    the    cou!Ury  of    which  they  arc   tlio 


grow 


ih. 


produce  or  manu 


fa  ft. 


ire,    or 


to  th! 


mlia- 


bltants  of  the  country  of  the  ordinary  ports  of  1  «1c 
and  firfl  export^'iion  ;  the  ofFicers  and  three  fourt!  .s 
of  ihe  crew  of  a  f(  re'crn  vcfTjl  bcin^  cf  the  country 
whofe  flag  the  \'q{{:\  b?3rs  •,  the  wliole  on  pun  of 
confirc2t!(^n  of  tl^^e  vciTjl  nnd  cargo,  and  a  fine  cf 
3000  livrcs,  jointly  and  frverally  agair.i'l  the  owner-?, 
confignecs,  and  agents  of  the  veffd  and  c  irgo,  the 
roi:5t3in  and  lieutenant  of  the  voffol. 


[        26.       ] 


»  1 


pf 


i 


2.  T1::U  fcrci};n  veflcls  fliali  r'  :  tinnfpon  from 
one  Ficrich  ]h  it  to  atK^thtr  Ficru  i  j;c)rt,  niiy  com- 
moclitirs,  piodutlions  or  iricrcliancli/cs  of  {\w  growth , 
produce,  or  nvamifatlure  of  FrLincc,  the  toloni'es,  or 
pofTciTu  ns  of  Fiance,  under  tlic  pcniillics  deehatd 
in  article  ift, 

3.  That  after  t)ic  tnth  of  Augufl  next,  nn  vcCTw'! 
fliall  be  reputed  Frcriel),  nor  tnjcy  the  pilvilcgfii 
of  a  French  vcU'd,  unlcls  (ueh  vclfel  {h.dl  h:ivcbcen 
built  in  the  colonies  or  ])olfoiru)ns  of  Fii-ncc,  or 
declared  a  ^ood  pri?c;  taken  from  an  cnetny,  or  con- 
fifcated  for  crntriivention  of  tlie  l,:\vs  of  Frai;ce,  and 
unlcfs  the  ofTiccMi  and  three  fiuirlhs  of  tlic  crew  arc 
Frenchmen. 


On  the  whole,  it  Is  donionfl.rntcd  that  no  country 
on  caith  yields  norc   cxtcnlivc   privileges  to  the 

Ameiiri'n  ircrchi'.T^-t,  than  Great  Britain.  It  is  alio 
c(]u:dly  d(  iror.lli.lde  that  Ciicat  Britain  yields  moro 
privihgcii  in  her  trade  with  tlie  United  btalci;  than 
He  gri'uts  to  any  other  n;»ti(nu 

It  has  been  cijc6l,cd  to  Icvcral  articles  of  the 
treaty,  that  they  arc  not  reciinxal^  bctaulc  fjoin  tl\e 
circuirftances  of  the  two  countries,  Britifh  luhjcfts 
will  be  principally  benefited.  '1  h.us  the  Qtl;  and 
loHi  srticlef  are  faid  to  yield  advrntages 'to  Great 
Britain,  without  an  equivaUvt^  bccaulc  her  li.hjc6U 
liold  large  tra6is  of  land  in  the  Unitc"d  States,  and 
have  debts  due  them  to  a  iireat  smount :  whereas 
American  fuljccls  hold  Fttlc  or  no  land,  and  l»av^/ 


no 


debt 


s  or  monies,  in  Great  Ijiitam, 


Obj^"6^tions  of  ibis  kind  iwvAl  ptocecd  ut  m  a  pre- 
vifii  captioiis  dilpolhion.  It  may  jufl  as  wcli  be 
objcRcd,  that  we  fhould  h.ive  no  trade  witli  Great 
Britain  at  all,  bccaule  licr  c>:ports  to  this  cc 


P 


i>\M\\ 


exceed  l:ei*iii;p(  i  ts  fiom  it — or  bccaufc  her  domini- 
ons contain  double  the  number  of  people,  that  arc 
in  the  United  Strifes.     Nay,  it  mav  jufl  as  well  be 


au 


J  tliat 


every  man  lia^  not  an  equal 


I  rizht  to  a  lii'^h- 


C     2(53     ] 

way,  bccaufc  foms  ufc  tlic   lii^liway    ten   times  as 
much  as  others. 

In  ;iU  conventions  hclWGcri  Rates,  nn  eqnn^it\  in 
principle  confiitulcx  an  equival.'nt.  If  nn  article  of 
•any  trs^atv  gives  to  both  parties  a  riglu  of  do  in  <t  the 
lame  things,  and  nnd<n'  tlic  lame  advantages,  that 
article  is  reciprocal,  though  one  of  the  partico  never 
nuke  ule  of  the  light. 

Th'is  in  our  ueaty  wltli  France,  "W?  pcnn't 
French  armed  veliels  to  bring  their  prizes  into  tlu 
ports  of  the  United  St.ites.  Hie  French  alio  per- 
mit the  American  veir*.U  to  carry  their  prizes  into 
French  ports.  The  French  arc  in  a  condition  to 
ufc  the  privilege  and  do  n:c  it  every  day — Wc  arc 
not  at  war,  and  do  not  ufe  tlic  privilege.  But  will 
any  man  fiiy.  that  article  of  th^  treaty  is  ir^t  m'l'udl? 
Will  any  man  deny  that  wc  have  an  equivalent  for 
the  right  conceded  to  France  ? 

Jiiit  fo  with  relpeft  to  om-  commerce  with  Eng- 
land or  any  other  power,  S.ippofe  a  nation  to  have 
but  a  fmgle  port  for  fliip'ping  and  commerce,  and 
the  United  States  to  have  a  thouiand.  F/ich  party 
r.;^rees  to  open  all  their  ports,  and  admit  the  other 
to  \  free  trade;  will  it  be  denied  tliat  this  is  reci- 
procal ?  Certainly  not.  It  is  equality  in  tJic  prin- 
cipl'.  not  in  the  amount  or  extent  of  its  operation, 
which  conRitutcs  reciprocity. 

If  people  are  dilpofed  to  cavil  at  inc.qnrditics  of 
condition,  as  well  as  of  principle,  they  may  find  as 
many  caules  of  dil'content,  in  all  other  treaties,  as  in 
this  wiili  Great- Britain. 

The  truth  is,  when  our  other  treaties  were  form- 
ed, Americans  had  confidence  in  the  coudituted  au- 
thorities of  our  country.  'Fhey  believed  men,  who 
had  made  commerce,  treatie:.,  and  the  laws  of  nati- 
ons, a  fludy  and  matter  of  contemplation,  were 
bell  capable  of  negociating  treaties.  They  triifted 
to  the  men  appointed  for  this  purpofe.  The  great 
luafsof  people  arc  not  competent  to  decide  what  is, 


<i 


.  V 


I  'i'l 


wi 


\ 

V      * 

5 


[         264        J 

or  is  not  for  our  public  intcrcfls,  in  complicated 
rcgociations  and  national  compafts;  and  unlcfs  tlicy 
itporc  confidence  in  public  cbaiafterSj  wc  fliall  for- 
ever be  embroiled  with  fa6iions. 


Kg.  XII. 

HAVING  in  the  preceding  papers,  anfvvered 
fuch  {-.bjcftions  to  the  treaty,  as  appear  to  have 
any  "vvei-^lu,  I  v/ill  clofc  this  vindication,  by  ad- 
drelfinq  to  n^.y  fellow  citizens,  fome  conlidcrations 
of  a  more  general  nature. 

It  was  the  public  c^pinion  the  lafl  year,  and  it  is 
a-,1  opinion  ftUl  maintained  among  one  deicri])tion 
of  Americans,  that  Great  Britain  lias  been  fo  lium- 
bled  by  France,  that  flie  will  confcnt  to  make  great 
l-ciiilcc£  for  the  purpofe  of  fecuiing  peace  and  com- 
merce with  this  country.  It  is  alfo  believed  by 
many  people,  that  the  kingdom  is  upon  the  point 
c)F  an  internal  revolution  :  and  that  holriing  in  our 
h;nKls  the  power  of  fcquefhrating  the  debts  of  her 
citizens,  we  may  command,  at  all  limes,  peace  and 
fLivorablc  treatment. 

All  thefe  (^--ninions,  though  unqucflionably  erro- 
neous, have  contributed  to  raife  ilie  public  expcfta- 
tion,  r.'fpcfting  tlic  fucccfs  of  the  treaty,  to  an  un- 
v.'arrantable  pitch. 

With  rcfpcR  to  the  humble  condition  of  Great 
Britain,  where  are  the  proofs  ?  1  lint  lier  land 
forces  were  defeated  and  cut  to  pieces,  the  lail  cam- 
paign, is  undcni  blc  ;  and  there  is  no  quefl.ion  tluit 
an)" combat  by  land,  v/ould  be  decided  in  favoia-  of 
of  France.  Tlie  numbers,  the  dilcipline,  and  the 
cnthufiarm  of  the  French  forces  on  land  render 
them  irrcfidible.  But  the  belt  troops  and  the  be  a 
d!rci'3line.  wiihout  other  relources,  will  nut  mai::- 
t:nn  the  greatncls  of  a  Rate  or  king(i(.^m,  for  any 
glcnth  of  time. 


n  complicated 
rid  unlcfs  tlicy 
,  wc  fliall  for- 


mers, anfvvercd 

ppcar   to  have 

:ation.    bv   ad- 

confidciations 

year,  and  it  is 
nc  deicri])tion 
;  been  fo  lium- 
L  to  make  great 
peace  andcom- 
Ifo  believed  by 
ipon  the  point 
holciing  in  our 
e  debts  of  her 
mes,  peace  and 

flionably  erro- 
jublic  cxpcfta- 
:dty,  to  an  un- 

litic  n  of  Great 
]nt  lier  land 
'-•.the  kdlcam- 
quedion  tluit 
d  in  favour  of 
line,  and  the 
n  land  render 
s  and  th.c  bc'r. 
viil  nut  mnii:- 
igdum,  fof  ^^I'-y 


[  265  ] 

France  row  fupportshcr  armies  moflly  upon  her 
conquered  countries.     Her  finances  arc  cxhaufted  ; 
and  what  is,  if  poflible,  a  more  ferious  calamity,  her 
internal  diflentions  debilitate  her  force,  diftraft  her  , 
councils,  and  difconcert  her  operations. 

The  plan  of  Robefpierre  was  a  fyftem  of  defp air. 
By  putting  every  thing  in  requifition,  the  perfons 
of  men,  their  goods,  provifions,  and  money,  the 
whole  force  of  France  was  coUefted  to  a  point,  and 
the  whole  energy  of  that  force  was  exerted  to  de- 
feat the  mo  ft  formidable  combination  ever  raifed 
againft  the  independence  of  a  nation. 

This  meafure  was  perhaps  indifpenfable  in  the 
crifis  when  it  was  adopted.  But  unfortunately  vio- 
lent exertions  in  the  body  politic,  as  well  as  in  the 
human  body,  are  ever  followed  by  debility  and  lan- 
guor. The  fyftem  of  requifitions  and  the  maximum, 
were  calculated  to  deftroy  the  capital  of  a  country, 
which,  in  all  cafes,  ought  to  be  left  untouched,  as  a 
fource  of  further  productions.  The  intereft  or  in- 
come only  of  a  country  can  be  fafcly  ufed  for  na- 
tional purpofes  ;  and  when  a  ftate  is  compelled  to 
feize  the  capital  ftock,  though  its  exertions  may  be 
great,  they  muft  certainly  be  of  ihort  duration. 

But  this  is  not  the  only  calamity  incurred  by  the 
fvftem  of  terror.  To  enforce  fuch  an  arbitrary  fyf- 
tem, recourfe  muft  be  had  to  violent  punifhment, 
for  refuials  to  comply  with  it  ;  and  the  fummary 
mode  of  condemning,  as  well  as  the  languinary 
proceis  of  executing,  tend  to  excite  all  the  malicious 
and  revengeful  paflions  of  men.  The  guillotine  of 
France  has  left  every  deadly  and  rancorous  paf- 
fion,  waiting  only  for  a  favinnabie  moment  for  ven- 
geance. The  furviving  friends  of  thofe  \\^\o  fell 
viftims  to  the  fyftem  of  terror,  will  not  cafily  for- 
get or  forgive  the  injuries  they  fujffered  ;  and  thus 
that  terrible  de-potilm,  which  for  a  few  months,  com- 
pelled all  men  to  unite  to  defeat  foreion  foes  and 
to    crufh    internal  infurreftions  -,    that  lyftcm    has 

Aa 


1'  I 


ii 


■,:Ah^  . 


lii- 


»* 


14 


•'  t 


;<^' 


[     266     ] 

fprcad  over  France  the  feeds  of  faftion  and  diflan- 
tion,  which  will  afllift  the  country  and  weaken  all 
its  exertions,  for  at  leaft  a  generation  to  come. 
Thus  the  laft.  fenfon,  the  vi6lories  of  France  by- 
land,  aftonifhed  all  nations,  and  fprcad  difmay 
through  Europe,  while  her  frigates  fcourcd  tlie 
ocean,  and  marred  the  commerce  of  her  enemies. 
But  the  prefent  feafon,  her  armies  and  her  fleet  are 
inaftive,  her  refources  fail,  and  all  is  debility  and 
languor. 

Great  Britain,  on  the  other  hand,  though  her  army 
was  deflroyed  in  the  Netherlands,  retains  all  her 
aftivity  and  refources.  Her  territories  have  not 
been  the  feat  of  war;  her  land  has  been  under  full 
cultivation,  her  manufafturcs  have  been  carried  on 
as  ufual,  her  goods  are  exported  nearly  as  cheap,  and 
in  nearly  -the  fame  quantities,  as  in  time  of  peace  ; 
her  government  retains  its  vigour,  and  her  fleet, 
notwithflanding  a  fcarcity  of  feamen,  fl:ill  rides  mif- 
trefs  of  the  ocean.  The  commerce  of  Great  Bri- 
tain, though  a  little  impaired,  flill  exceeds  tliat  of 
any  other  country  ;  and  the  government  has  not 
been  compelled  to  diflrefs  her  trade  to  man  her 
navy.  Were  there  a  pre  fling  neceflity  for  fo  violent 
a  flep,  that  country,  by  ftripping  her  merchantmen 
for  a  time,  wovdd  bring  upon  the  ocean  a  fleet  fupe- 
rior  to  any  that  has  ever  appeared  under  one  com- 
•mand.  But  Great  Britain  has  not  yet  been  com- 
pelled to  adopt  this  ruinous  expedient  ;  fhe  has 
not  materially  impaired  her  commerce  by  impref- 
fing  feamen — {he  has  not  entrenched  upon  the  capi- 
tal flock  of  her  hufb;»ndmcn  and  manufacturers. 
Ilcr  debt  has  indeed  been  augmented  ;  but  flill  im.- 
nienfe  fums  of  mc^ney  arc  <jflcrccl,  and  the  only 
<iuefl:ion,  with  government  is  whole  m.oncy  fhall  be 
received  on  loan  ;  fur  the  competitors,  arc  nume- 
rous. Such  is  the  monied  capital  of  tliat  countrv, 
and  futh  the  rcfourcci*  that   Great  Britain  will  pio- 


:  ! 


C     "-^7     ] 

bahly  be  able  to  carry  on  the   war  long:;r  tlian  any- 
other  power. 

Nor  is  the  idea  of  an  approaching  revolution, 
M'cll  founded.  Ireland  may  perhaps  give  trouble  : 
but  the  government  of  EntrJand  has  feldom  ever 
been  fupported  by  a  more  nuracrous  and  powerful 
majority  of  the  people.  The  private  affociations  in 
England  and  Scotland,  give  fome  uneafinefs  for  a 
time  ;  but  the  moment  government  called  for  a  fuf- 
penfion  of  the  habeas  corpus  a6l,  it  was  granted,  and 
the  executive  diflipated  all  private  focieties,  with 
their  plans  of  revolution.  Theeafe  with  which  thij 
whole  bufincfs  was  conduftcd,  certainly  does  not 
mark  either  fear  or  weaknefs  in  the  adminiflration 
of  the  government  of  Great  Britain. 

Wher-^,  then, ,  is  the  ground  fo^-  fuppofing  Great 
Britain  in  a  difhreffed  (late  of  humiliation,  compel- 
ling her  to  make  facrifices  to  the  United  States  P 

On   the  contrary,  Great  Britain  at  this  moment. 


maintains    as  commanding    an  attitude 


among 


the 


powers  of  tlie  earth,  as  at  any  former  period.      All 
the  hopes  of  Americans,  founded  on  an  opinion  of 
the  depreOfjd  ftate  of  f-hat  nation,  are  wholly  dclu- 
lory.      Nor  can  we  exy>?^  any  thing  from  the  gertc- 
rofity  or  good  will  of  '.lie  Dritifli,  or  any  other  na- 
tion.     National    gcr.e'''ji.iy    is    a  mere  phantom  of 
the  im-Tgination.      It    is  to  the  intereR:,  or.  at  mofl:, 
to  tViC  julliice  of  a  'ution  we  muft  addrefs  ourfelves  ; 
and  no  nation  will  make   ccnceiTions  beyond  what 
thefe  require.  We  are  not  in  a  fituation  to  command 
any  foreign  nation »  to  enforce  our  claims,  or  to  com- 
pd  the  exercife  of  juftice. 

If  our  fanguine  cnthufiafls  are  miflaken  totally  as 
to  the  prefcnt  power  of  Gren  Britain,  they  are 
eq  lally  fo,  as  to  the  force  and  elToc^  of  fequeflration, 
Tue  injupLlce  of  attacking  private  debts  for  national 
wrongs,  is  generally  ad.nittcd ;  but  many  people 
contend  tliat  it  may  be  nccelfary  at  times  to  refort 
to  this  mcafurCj  as  the  only  effe6lual  v/capon  in  our 


m 


% 

&, 


B 


[       268      ] 


power,  to  terrify   Great    Britain,  a   perfidious  na- 
tion into  a  fcnie  of  judice. 

It  Is  fiirprlfing  liovv  fuch  reafoners  miftake  the  real 
and  certain  tffeds  of  fuch  a  (lep.  Any  man  who  will 
give  himfdf  tiinc  to  refledl  on  the  pride  of  nations, 
and  efpeci:dly  of  the  Englifh  nation,  muft  jbe  convin- 
cd,  that  the  ufe  of  this  weapon,  inllead  of  inducing 
conceflions  on  the  part  of  Great-Britain,  would  ex- 
cite every  hoflile  feeling,  not  only  in  the  government, 
but  in  the  very  creditors  whofe  debts  ihould  be  fequef- 
tered.  Such  a  violation  of  all  good  faith,  fuch  aa 
attack  upon  commercial  confidence,  as  the  fequeftra- 
tion  of  private  debts,  to  avenge  national  injuries, 
would  put  it  out  of  our  power  to  accommodate  diffe- 
rences but  by  the  fword.  It  would  provoke  a  war  of 
double  fury  ;  and  the  veiy  man  whofe  debts  fliould  be 
detained,  would  be  the  firft  to  encourage  and  the  lafl 
to  abandon  the  contelt. 

All  the  high  raifed  expe6lations  of  our  citizens  of 
obtaining  from  Great-Britain  in  her  prefent  ftate,  hu- 
miliating conceffions  which  her  pride  would  forbid  her 
to  yield  in  time  of  peace,  are  fuppoited  by  not  one 
circumflance  of  rational  probability.  People  who 
dwell  on  fuch  profpe£ls  of  fuccefs,  are  grofsly  deceived, 
both  as  to  fa6ls,  and  as  to  the  chara<fler  of  tr.e  Englifh 
nation. 

^  But  Judge  Rutledge  of  South  Carolina  has,  on 
this  fubjedl,  uttered  the  filileft  exprcffions  that  ever  fell 
from  human  lips.  "  England  (fays  he)  is  hoping  for 
peace  on  whatever  terms  France  may  grant  it :  (he  is 
reduced  to  the  lall  gafp,  and  were  America  to  feize 
her  by  the  throat,  ilie  would  expire  in  agonies  at  her 
feet.'-* 

A  man  muft  be  little  lefs  than  infanc,  to  utter  fuch 
abfurd  ideas,  efpecially  at  a  moment  when  Great -Bri- 
tain pofTeffes  more  i£lual  refources,  the  fmews  of  war, 
than  all  the  other  powers  at  war,  even  Franc :;  included. 
And  no  man,  but  an  Infolvcnt  debtor,  who  hates  liis 
«redItor,  bccaufe  he  has  injured  him,  would  vvifli  to 


Edious  na- 

ike  the  real 
an  who  will 
of  nations, 
i  jbe  convin- 
of  inducing 
,  would  ex- 
frovernment, 
Id  be  fequeC- 
Itb,  fuch  an 
le  fequeftra- 
•nal  injuries, 
nodatc  diffe- 
:)ke  a  war  of 
bts  fluHildbe 
e  and  the  lall 

ur  citizens  of 
-nt  ftate,  bu- 
ild forbid  her 
by  not  one 
People  who 
fsly  deceived, 
■  the  EngUlh 

)lina  has,  on 

tbat  ever  fell 

is  hoping  for 

lint  it :  ihe  is 

[erica  to  feize 

igonies  at  her 

to  utter  fuch 
tn  Great -Bri- 
Jfinews  of  war, 
lane "  included. 
Ivho  hates  his 
,ould  wi{h  to 


t  46-9  J 

fee  a  great  agricultural,  manufa^luring,  and  commer* 
cial  nation  expiring  in  agonies.  Whatever  be  the  inju- 
juries  Great-Britain  has  done  this  country,  it  is  not  for 
the  intereft  of  mankind,  that  fhe  fhould  be  blotted  out 
of  exillence.  In  no  country  on  earth  do  the  Ameri- 
can merchants  find  more  good  faith,  fair  dealing,  and 
convenient  credit,  than  among  Britiih  merchants — no 
creditors  are  more  indulgent  to  debtors  than  the  Bri- 
tifh — and  no  country  on  earth  finds  extenfive  credit 
more  ufeful  than  the  United  States. 

Whatever  l^e  the  refentments  of  our  citizens  tow- 
ards Great  Britain,  they  may  reft  aflured  of  one  fa<$l, 
and  it  is  of  no  fmall  moment  to  fome  of  the  United 
States,  that  the  treatment  Americans  will  receive  from 
that  country  will  be  more  friendly,  when  the  condu(fl 
of  American  debtors  is  more  jujl. 

Another  objeftion  to  the  treaty,  or  to  any  treaty 
with  Great-Britain,  is,  that  it  begets  an  unnatural  alli- 
ance between  a  monarchy  and  a  republic.  This  is 
clearly  the  moft  trifling  objection  ever  offered,  and  is 
beneath  a  ferious  anfwer.  And  thofe  who  make  it, 
ought  to  blufh  at  their  inconfillcncy,  efpecially  as 
th^fc  very  men  are  rejoicing  at  the  late  treaty  between' 
France  and  the  monarch  of  Pruflia,  and  carnellly  ex- 
pecting every  day,  to  hear  of  a  treaty  between  France 
and  Spain.  • 

On  the  whole,  let  me  aflc  my  fellow  citizens  what 
facrifices  we  may  make  by  the  treaty  ? 

We  hc've  old  inveterate  difputes  with  Great-Britain, 
which  mull  be  terminated.  War  or  accommodation 
are  th^:  alternatives.  If  we  wifh  a  war,  we  walle  the 
blood  and  treafure  of  America,  without  an  object  : 
for  at  the  clofe  of  the  war,  the  old  difputes  w^ill  re- 
main, and  new  ones  be  originated.  Inftead  of  better- 
ing our  c  :  litiqn^  w^e  render  it  infinitely  worfe  by 
hollilitier.  '  ■  '      ^ 

Is  it  nut  wife,  therefore  to  compromife  the  I:;  differ- 
ences? And  though  confiderabje  time  and  expcnfe, 
litrihaps  fome  facrifices  of  jufl  cluinie,  fliould  be  Ineur- 
"  Aa    2 


*" 


.-1.  I 


ja|t"r-;''.^;;,:.!.-'f.,,«'v-y/r";'  '"V '■'■^'"■■'  ■.''if""V'"  T- 


h- 


I 


270 


] 


red  on  our  part,  yet  between  tliefe  evils,  and  the  con- 
tinuance of  inveterate  enmity  and  hoftile  views,  on 
wiiich  lide  dqes  the  balance  He  ?  Every  refledling  man 
mull  fay.  on  ihe  ftdc  of  accommodai'ion  and  peace » 

The  commercial  part  of  the  treaty  Is  of  a  tempo- 
rary nature  ;  and  even  if  fome  facrlfices  were  to*  be 
made,  thefe  will  not  come  in  competition  with  the 
other  great  and  important  objects  of  the  treaty.  But 
it  is  not  true  that  any  material  facrilice  is  made  in  the 
commercial  part  of  this  compaft.  We  do  not  cede 
ene  piakrial privilege  which  Great  Britain  does  not  en- 
joy by  the  laws  of  nations  or  the  laws  of  the  United 
States.  I  am  bold  in  the  affcrtlon,  and  call  on  my  op- 
pofers  to  name  the  part  in  which  fuch  facrifice  is 
made. 

On  the  other  hand,  fome  material  concejfions  on  the 
part  of  Great  Britain,  are  made  to  the  United  States 
by  the  treaty. 

It  is  faid,  Great  Britain  may  enter  with  her  fhlps 
into  all  the  ports  of  the  United  States. — True  ;  but 
fae  enjoys  that  privilege  without  this  treaty.  jhe 
gains  nothing  in  this  refpedl  except  that  fhe  changes 
a  precarious  pr'ivthge  for  a  right  ;  jufl  as  we  do,  in  the 
trade  to  the  Britifb  European  dominions. 

It  is  faid,  we  bind  ourfelves  not  to  increafe  the  du- 
ties on  Britiih  tonnage  aiKl  goods  imported  in  her  (liips 
btyoTid  what  we  lay  on  thofe  of  other  nations. — True; 
we  agree  ^n  this  head,  to  treat  Great  Britain  as  well 
as  the  moil  favoured  nation.  If  this  is  a  conceflion 
on  ov.r  part,  it  cannot  be  a  material  facrifice ^  for  we 
have  an  eq'iiivalent  in  this,  that  Great  Britain  ftipulates 
the  fame  thing  to  the  United  States. 

It  is  faid,  'we  cede  to  Great  Britain  the  right  of  In- 
creuiiiig  duties  on  our  tonnage  to  equal  our  prefent 
duties  on  hers  and  on  goods  imported  in  Britifli  bot- 
toms. Nothing  c''.n  be  more  puerile  than  fuch  an  al- 
legation. In  this  refpc<Sl  we  cede  nothing. — Great 
Britain  had  that  right  before  the  treaty  ;  and  her  right 
k  picclfely  the  fame  ae  before. 


ti 


m 


[     ^71     3 


It  has  been  faid,  we  cede  to  Great  Britain  the  right 
of  ft'Izing  our  veffcls  and  taking  the  enemy's  proper- 
ty ;  and  that  we  have  made  naval  (lores  and  provifiona 
contraband  by  treaty. 

Thefe  charges  have  been  proved  not  true.  Great 
Britain  enjoys  thefe  rights  by  the  law  of  nations,  inde- 
pendent of  all  treaties. 

We  have  therefore  made  very  few  facrifices  in  this 
part  of  the  treaty  ;  but  we  have  gained  fomething. 
We  have  obtained  a  permanence  of  trade  to  Great 
Britain.  We  have  gained  a  free  trade  to  Canada  and 
the  Britifti  Eaft  Indies,  without  any  confiderable  con- 
ceflions.  and  what    is  more,    we  have  preferved  the 

BLESSINGS   OF   PEACE. 

Why  then,  my  fellow  Citizens,  will  you  not 
lenvc  the  man-jgcmcnt  of  this  treaty  where  the  Con- 
flitution  has  placed  it?  What  ground  have  you  to 
luppoic,  that  the  Prefident,  our  late  Envoy  and 
the  m-ijority  of  the  Senate,  have,  in  a  moment  and 
on  this  iuiirle  occafion,  dcferted  the  interell  of  our 
country  ?  WHiat  rcafon  have  you  to  believe  that 
old  tried  patriots  have  renounced  the  uniform  prin- 
ciples of  .heir  lives,  and  turned  apoftatcs?  Is  there 
a  fhaclowof  reafon  to  believe,  that  men  grown  grey 
in  the  fervice  of  their  country,  whole  patriotifra 
and  virtue  were  never  fufpc^led,  have  now  in  x\\q 
evening  of  life,  and  at  the  clofe  of  all  their  u£live 
public  Icencs,  commenced  traitors  ?  You  cannot  be- 
lieve infinuations  of  this  kind.  The  fuggcftian  of 
Britifh  gold  and  undue  influence,  is  the  work  of 
dark  malicious  hearts.,  detellcd  by  all  good  men, 
and  difcreditecl  by  the  very   children  in  the  {}.reet.s. 

No.  my  countrymen,  you  have  been  deceived. 
Your  palfions  have  been  taken  by  furprllc  ;  you 
have  been  precipitated  into  rafti  opinions,  and  vio- 
lent meafurrs,  by  a  fct  of  men  who  arc  the  foes  of 
cur  preient  free  and  happy  government  and  its  ad- 
inimftration.  You  may  be  alfured,  there  is  a  con- 
federation of  chara6lcr3,  from  New-Hampfliire  to 


11 


[       272       ] 


II 


w 


li 


Georgia  arrayed  in  oppofition,  either  to  the  Con  di- 
lution of  the  United  States,  to  its  adminiftratlon  or 
to  particular  men  in  office.  The  oppofition  of  the 
principal  men  in  this  confederacy  can  be  traced  to 
fomc  known  caufes,  originally  of  a  pcrfonal  nature. 
Difappolntment  in  application  for  fome  "office,  or 
the.  fiilure  of  fomc  favourite  Ichcmc  Ih  their  political 
f)  flcm,  has  converted  many  of  the  friends  of  our 
late  revolution,  into  determined  oppofers  of  the 
general  fyftem  of  the  prefent  adminiftratlon.  Thefe 
men  will  never  be  contented  till  they  can  difplace 
the  prefent  officers  of  government,  and  introduce 
themlclvcs,  their  friends,  and  their  meafures,  into 
our  councils.  You  may  reft  afiured,  that  moft  of 
the  ferment  raifed  againflthe  Treaty,  originated  with 
men  of  this  dcfcrlptlon. 

This  confederacy  was  formed  and  is  ftill  maintained 
and  ftrcngthened,  by  fpreading  jealoufies  and  fuf- 
picions  among  the  people,  who,  tho'  honeft  in  their 
views,   are   very  liable  to  be  mifled  by  artful  men. 


Try 


One  of  the  moft  fuccefsful  weapons  ever  wielded 
by  this  coalition  of  difappointed  men,  is  furniflicd 
them  by  the  prefent  war  in  Europe.  The  Combi- 
nation of  powers  again  ft  France,  which  we  all  re- 
probate, is  faid  to  be  a  combination  againft  liberty 
in  general.,  and  if  France  fliould  fail  of  fuccefs,  it 
is  laid  we  fliall  be  the  next  objcft  of  attack. 


Thi 


s  is  a  mere  u 


fi 


m 


:ft 


cition  or  our  re 


ftlcfs 


m.en,  to 


alarm  your  fcar<,  and  drive  you,  if  poffible,  from 
vour  neutud  ground  into  hoPLllitics.  The  fugecf- 
tion  was  firft  nuiJe  by  the  late  French  miniftcr, 
whofe  miffion  to  this  country  was  fc>r  the  cscprejs 
finpofe  of  Jlattcr-ing,  intriging,  or  forcing  you  into 
the  zjar,  Kis  inftru6iions  are  clear  and  explicit  on 
this  !^o:nt. 

That  miniftcr  was  dlfplaced,  and  liis  views  coiin- 
terat^tcd  by  the  firmncis  of  our  Frefident,  fecouded 
by  the  .northern  ftatcs.  But  the  party  whiclT  ori- 
ginally ndVicd  under  that  man.  ftill  cxifts,  and  forma 


[     273    ] 

a  league,  co-cx^cnfivc  with  the  United  States,  con- 
ncfteci  in  all  its  parts  and  afting  by  a  iingle  im- 
pulfe.     ,_■'    *  -  •     r '  ' 

Thus,  In  the  Infaacy  of  our  emph-e,  the  bnne  of 
all  republics,  is  alrcndy  diffufed  over  our  country, 
and  poifons  the  whole  body  politic.  Fa6lion  is  a 
difeal'c  which  has  proved  fatal  to  all  popular  go- 
vernments;  but  in  America  it  has  alTumed  an  afpeft 
more  formidable  than  in  anv  other  country.  In  an- 
cient  republics,  popular  commotions  were  fudden 
things,  excited  by  ihs  emergencies  of  the  moment, 
burfling  inftantly  on  the  exifting  government,  pro- 
ducing a  revolution,  banifhing  a  tyrant  who  was 
powerful,  or  a  patriot  who  was  popular,  and  anob- 
je6l  of  jealouly  to  Tome  ambitious  competitor. 

But  in  America,  faftion  has  alTumca  confiflcncy 
and  fyftem — it  is  a  con/piracy  perpetually  exifting — 
an  oppofition  organized  and  dilcipllned,  for  the 
purpoles  of  defeating  the  regular  excrcife  of  the 
conftitutional  powers  of  our  goverment,  whenever 
a  meafure  does  not  pleafe  the  fecret  leaders  of  the 
confederacy  : — 

My  countrymen,  be  watchful  of  the  progrefs  of 
the  aflbciations,  formed  on  the  plan  of  the  Jacobin 
Society  In  France.  That  fociety  was  a  powerful  in- 
ftrument  in  the  work  of  dcmolifhing  the  monarchy; 
but  on  the  ruins  of  monarchy,  it  raifcd  the  moft 
frightful  defpotifm  recorded  in  hiftory.  Leagued 
with  fiftcr  focieties  in  every  village  and  city  of 
France,  the  Jacobins  governed  the  Convention.  Pa- 
ris and  all  France  for  a  long  time,  and  filled  it  with 
blood,  confifcatlon  and  ruin.  So  terrible  was  the 
tyranny  of  thefe  aflbciations,  that  the  Convention 
were  compelled  to  prohibit  their  meetings;  but  fo 
numerous  arc  the  members,  and  fo  aftivc  the  Ipirit 
of  revenge,  that  two  or  three  infuncftions  have 
been  railed  by  tlie  Jacobins  in  Paris,  blood  has  been 
fhed  in  various  parts  by  that  faftion,  tlicy  have  been 
in  poffcfTion  of  Toulon,  a  civil  war  is  uiftcn  excited 


mi^th 


C    274 


1 

J 


and  it  fccrrs  yet  doubtful  whctiicr  the  yiatioval  rt- 
prefcntatives^  or  private  unautJwrizcd  clubs  fhull  ^  ^- 
vcrn  France. 

My  countrymen,  you  arc  threatened  with  a  fimi- 
larevil.  Under  the  jjrctcnded  iiKif]-;  of  pal  riot ijm  avd 
Zi'atching  over  our  liberties^  private  adnciations  arc 
formed  and  extendinsf  their  influence  over  cur  coun- 
tvv.  Ihe  prpular  S(.cictics  of  Francedid  the  fame, 
The  cry  of  patriotifm  )v<!S  forever  on  their  tongue; 
but  when  they  became  flrcng  enough,  they  ruled 
with  a  rod  of  iron.  Fire,  fword  and  the  guillotine 
wore  inftrments  of  their  adminiftration. 

Be  not  deceived  into  a  belief  that  our  citizens  arc 
incapable  of  fimllar  outrrgcs.     Violent  men  may  be 
found  in  every  country,  and  already  arc  tlie  heads 
of  our  government  dent  unccd  astiaitors;  already  is 
our  country  threatened  withblocid  and  civil  war. — 
If  m.en  who  regard  their  rigb.ts,  and  \a  ho  believe  the 
conditution  and   laws  alone  to  be  the  guarantee   of 
thofe   rights,  do   not  unite  and  fliow  a    formidj;ble 
countenance  againfl  all  irregular  oppofition  to  thofc 
laws,  our  wh.cle  country  will  be  fpecdily  lubj'.ft  tc 
a  confederacy  of  men,  a  In  iill  minority  indeed,  but 
bold,  though  fecrct  in  their  machinations,  indefati- 
gable in  their  meafures,  and  determined  on  fuccei's. 
It  is  not  tbx  treaty  alone  which  is  oppofed  ;   thi; 
is  a  convenient  inftrumcnt  for  them  to  wield  ;  bu 
the  caufcK  (^f  oppcfuion  lie  deeper.     The  treaty  i 
^  not  altogetiu:r  fatisf  \6lory  ;  but  if  carried  into  elleft 
'-  it    v.ill    net    be     followed    with    any     dangerc 
'  C{  nfequeiiccs,  except  what  will  be  created  by  its  op 
pofers.      If  left  to  go  peaceably   into   operation, 
would  liave  no  general  effe^l  on  bufinefs  which  pco 
plr  at  laigo  could  feel — agriculture  would  ft  11  flou 
rilh  ;  trade  v/ould  be  carried  on  as  ufual  with  h'ttl 
vari?ti(  n  ;  national   dilputes  would  be  in  a  train  c. 
adjuflment,   and  peace  and  tianquility  would  reig 
througlunit  our  happy  laiid.      But  if  the  oppofei 
oi  the  treaty  can  j  c^flibly  embroil  our  country  in  ci 


:,vv- 


C     *75     ] 


r  the  nGiioval  rt- 
:cd  clubs  I"hall   [  n- 

tcncd  with  a  fiml- 
;  of  pat  riot i/m  avd 
tc  a(r«;ciations  are 
^xc  over  cur  coun- 
lancedid  the  fame. 
•  on  their  tongue; 
icugh,  they  ruled 
and  the  guillctine 
ration. 

'.at  our  citizens  arc 
iolcnt  men  may  be 
;adv  are  tlie  heads 
tiaitors ;  an-cao.v  is 
d  and  civil  war. — 
nd  who  beheve  the 
e  the  guarantee  of 
Qiow  a    formidiible 
Dppofition  to  thofc 
fpecdily  lubj'd  to 
inority  indeed,  but 
hinations,  indefati- 
mincd  on  fuccels. 
h  is  oppcfed  ;   this 
hem  to  wield  ;  but 
)er.     The  treaty  is 
■  carried  into  elleft, 
h     any     dangerous 
DC  created  by  its  op- 
into   operation,  it 
Dufmefs  which  pco- 
ire  would  ft  11  flou- 
as  ufual  with  little 
ukl  be  in  a  train  cf 
quility  would  reign 
iut  if  the  oppofers 
ilour  country  in  ci- 


vil war,  it  will  be  cITcaed— From  fuch  a  friv-htfid 
calamity,  may  your  good  fenfe,  my  fellow  citizens, 
prel'erve  us ! 

Should  the  treaty,  not  be  ratified,  and  fhouhl  the 
confcqucnccs  be  f  jreian  war,  the  pt'jpli',  rut  the  i;,;,. 
vernmcnt  of  America,  mufl  be  anlwerable  For  allks 
melancholy  confequences. 

No  period  of  our  political  life  has  been  more  cri- 
tical— or  deferving  of  more  temper  on  the  part 
of  the  people  and  of  more  prudence  and  fn  mniCs  on 
the  part  of  our  exmitivc. 

One  party  wifl-u-  o  draw  cLfcr  our  allian^':  zolih 
France,  even  at  *  hazard  of  war  with  all  the 
world.  Our  government  anditsfupporters  wifh  for 
prefeO:  neutrality  towards  all  the  powers  at  war — 
tliey  wifli  for  Ibid  juftice  and  impartiality  to  be  pre- 
ferved  towards  all  parties,  and  they  wiih  for  friend- 
ly intercourfc  with  all — in  fnie jthey  wiih  for  unin- 
terrupted peace.  * 

When  parties  are  thus  marHiilled,  it  behoves  all 
good  m.en  to  determine  on  which  fide,  they  will 
range  themfelves.  One  or  the  other  mafl  prevail ; 
and  on  the  final  prevalence  of  one  or  the  other  of 
thefe  parties,  are  lufpended  the  peace,  profpci  ity  and 
happinefs  of  the  United  States* 


% 

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..«>.. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


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1.25 


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2.2 


i"^  llli  1.8 


1.4 


III 


1.6 


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9. 


7 


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Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


> 


r 


^ 


[     ^76    3 


.-,■.; 


BRITISH  PROCLAMATIONS. 


CrORGE  R. 


Additional  Inffruftions  to   the  Commanders  of  all 
fliips  of  war. 


our 
or 


and  privateers  that  have. 


may 


1 


lave 


lctl« 


.f 


ers   or   marque  again 


g*' 


ift 


(li.   S.)     France.       Given    at   our    Court    at    St, 

James's,  the  6th  day  of  November,  1793, 

in  the  thirty-fourth  year  of  our  reign. 

That  they  fliall   flop  and  detain  all   fhips  laden 

with  goods,  the  produce  of  any  colony  belonging 

to  France,  or  carrying  provHions  or  other  fuppHcs 

for  the  ufe  of  any  fuch  colony,  and  fliall  bring  tlic 

l:ime,  with    their  cargoes,  to   legal  adjudication  in 

our  Courts  of  Admiralty.  ^\}': 

'.',"''  By  his  Mfijcflv's  command, 

\      HENRY  DUNDAS. 
A  Copy,      1  •  ; ' 

Jno.  Ibbertlon,  J 


Inftru6lions  to  Commanders  of  our  Ships  of  war 
and  Privateers,  that  have  or  may  have  Letters  of 
Marque  againft  France.  -,,     ;   - 

Given  at  our  court  at  Si.  James'S, 
the  8tli  of  Jan.  1794. 
GEORGE  R. 
WIIREAS  by  a  formei  infl:ru£lIon  to  the  Com- 
manders ot  our  Ships  of  W^arund  Privateers  dated  the 

6ih  day  of  Nov.  1794 We  fignificd   that  they 

fliould  flop  and  detain  all  fliips  laden  with  goods, 
the  produce  of  any  colony  belonging  to  France,  or 
carrying  provilions  or  other  fupplies  for  the  ufe  of 
any  luch  colony,  and  fhould  bring  the  fame  with 
their  cargoes  to  legal  adjudication.  XVc  are  plea  fed 
to  revoke  thc-faid  inftruftions,  and  in  lieu  thereof, 
have  thought  fit  to  iffue  thefe  our  inftru6lions,to  be 
duly  oblcrvcd  by  the  commanders  of  all  our  (hips 


LI  I    III  --   •  - 


i 


fwr 


sS. 


.,".v 


I 


rs  of  all 

lat  have, 

;   aginnd 

at    St. 

-^»  1793> 
jign. 

ps  laden 

^longing 

fupplics 

n'lno  tlic 

[:ation  in 


I, 

AS. 


)s  of  war 
cttcrs  of 


es  s, 


he  Com- 
latcd  the 
that  they 
th  goods, 
'1  ance,  or 
he  ule  of 
imc  with 
e  plea  fed 
J  thereof, 
onSjto  be 
our  fhips 


C    ^21    ] 


\>f  war  and  privateers  that  have  or  may  liavt  ktters  of 
marque  again  It  France, 

I.  That  they  (hail  bring  I'n  for  lawful  adjiviication, 
ail  vcflels  with  their  cargoes  that  are  laden  with  goods, 
tlie  produce  of  the  French  Weft  India  iflands,  and 
coming  directly  from  any  part  of  the  fuid  illands  to 
any  part  of  Europe. 

_  2%  That  they  fliall  bring  In  for  lawful  adjudication, 
aH  {hips  with  their  cargoes  that  are  laden  with  goods, 
file  produce  of  the  faid  iflaiiis,  the  property  of  which 
goods  Ihall  belong  to  fubjcds  of  Fiance,  to  whatfoe- 
ter-pcTta  they  may  be  bound. 

3.  That  they  (hall  feize  all  flilpS,  that  fhall  be 
found  attempting  to  enter  any  port  of  the  faid  iflands 
that  is,  or  (hall  be  blockaded  by  the  arms  of  his  ma- 
j«fty  or  his  allies ;  and  fhall  fend  them  in  with  their 
GUigpcs  for  adjudication,  according  to  the  terms  of  the 
{iecond  article  of  the  former  inftrudlions  bearing  date 
Bth  of  June,   1793. 

4.  That  they  fhall  fei?.e  all  vefTels  laden  wholly  or 
in  part  with  naval  or  military  flores,  bound  to  any 
jpiOit  of  the  faid  iflands,  arid  fhall  fend  them  into  fomc 
canveiriicnt  port  belonging  to  his  majeily,  in  order  that 
thsyt  together  with  their  cargoes,  maybe  proceeded 
<againit  according  to  the  rules  of  the  law  of  nations. 

H.  DUNDAS. 


\ 


,.<..<! 


>•>•• 


itMPLTofhts  Excellency  Lord  DORCHESTER 
to'%he  Indians  of  the /even  Villages  of  Lower  Canada^ 
as  Deputies  from  all  the  Nations  who  were  at  the  ge* 
'neml  Cotinctl  held  at  the  Miamiy  in  the  Tear  17931 
•iKoft  the  ChawauouSf  Miamis^  and  Loufs, 

Children^  .'         ^ 

IH  A  V  E  well  confidered  your  words,   and  am 
now  prepared  to  reply.  '  '  ., 


-4j 


i#^" 


I 


C     *7«     ] 


f 


Children^ 
You  have  informed  me  that  you  arc  deputed  by 
the  feven  villages  of  Liower  Canada,  and  by  all  the 
nations  of  the  upper  countr3'' which  fcnt  deputies  to  the 
general  council  held  at  the  Miamis,  except  the  Cha- 
vauous,  Miamis  and  Loups. 

Children  f 
You  remind  me  of  what  pafled  at  the  council  fire 
at  Quebec,  juft  before  my  lalt  departure  for  England, 
when  I  promifed  to  reprefcnt  their  fituation  and  wifhes 
to  the  king  their  father,  and  expreffed  my  hope  that 
all  the  grievances  they  complained  of,  on  the  part  of 
the  United  States,  would  foon  be  done  away,  by  a  jull 
and  lading  peace. 

Chtldreriy  ... 

I  remember  all  very  well ;    I  remember  that  they 

pointed  out    to    me    the   line  of  feparation,    which 

they  wiftied  for  between  them  and  the  United  States^ 

and  with  which  (hey  would  be  fatisficd  and   make 


peace. 


Children^ 


•A" 


I  was  in  eitpcftation  .of  hearing  from  the  people  of 
the  United  States  what  was  required  by  them  ;  I  hop- 
ed I  fhould  have  been  able  to  bring  you  together,  and 
make  you  friends. 
Children, 

1  have  waited  long,  and  liftened  with  great  atten- 
tion ;  but  I  have  not  heard  one  word  from  them. 

Children  f 
*■    I  flattered  myfelf  with  the  hope  that  the  line,  pro* 
pofed  in  the  year  eighty-three,  to  feparate  us  from  the 
United  States,    which   was   immediately  broken  by< 
themfelves   as  foon  as  the  peace  was  figncd,  would 
have  been  minded,  or  9  new  one  drawn  in  an  ami-^ 
cable  manner ;  here  alfo  I  have  been  difappointed. 
Children, 

Since  my  return,  I  find  no  appearance  of  a  line 
remains  ;  and  from  the  manner  in  which  the  people 
^f  the  Sti'.tes  pufii  on,  and  aP.  and  talk  on  this  fide, 


V'^ 


puted  by 

by  all  the 

ities  to  the 

the  Cha- 


Duncil  fire 
England, 
and  wifhes 
hope  that 
the  part  of 
jr,  by  a  juR 


•  that  they 
on,  which 
ited  States, 
and   make 

••/yl        ■ 

it  people  of 
cm ;  I  hop- 
)gether,  and 


great  atten^ 
n  them. 

leline,  pro- 
U8  from  the 
broken  by 
rncd,  would 
I  in  an  ami-^ 
ppointed. 

ce  of  a  line 
h  the  people 
on  this  fide, 


I 


C    279    ] 

aiiil  from  what  I  leani  of  th<^ir  condutl  towards  thf! 
lea,  I  Jhaii  not  be  furpr'iftd  If  we  are  at  war  with  tham 
in  the  courfe  of  the  prcftnt  year  :  and  if  we  are,  a  litti 
mujl  then  be  drawn  by  the  warriors* 

Children^ 
You  aflc  for  a  pafTport  to  go  to  New- York ; 
a  palfport  is  ufelefs  In  peace  ;  it  appears  therefore 
that  you  expedl  we  (hall  be  at  war  with  the  States 
before  you  return — you  Hiall  have  a  paffport,  that, 
whether  peace  or  war,  you  Ihall  be  received  by  the 
king's  warriors. 

Children^ 
They  have  dellroyed  their  right  of  pre-emption  ; 
thtrrefore  all  their  approaches  towards  us  fince  that 
time,  and  all  the  purchafes  made  by  them,  I  conjider 
as  an  wfringement  on  the  i'ing*s  rights  ;  and  when  a  line* 
is  drawn  between  us,  be  it  peace,  or  war,  they 
mud  lofe  all  their  improvements  and  houfcs  on  our 
fide  of  it  ;  the  people  nudt  be  gone,  who  do  not  ob- 
tain leave  to  become  tiie  klng^s  fubje^s;  what  belonj^ri 
to  the  Indians  will  of  courfe  be  confirmed  and  fecurcd 
to  them. 

Children, 
Whrt  furtlier  can  I  fay  to  you  ? — You  are  our  wit- 
neffes,  that  on  our  part  we  have  afted  in  the  moH: 
peaceable  manner  and  bore  the  language  of  the  United 
States  with  patience  ;  and  I  believe  our  patience  itt  al- 
mofi;  exhauiled. 

Given  under  my  hand  at  the  caflle  of  St.  Lewis, 
-  .>        in  the  city  of  Quebec,   on  the  tenth  day  of 
February,  in  the  year  of  our  Lord  1794. 


J^.^v 


DORCHESTER. 


By  his  Excellency's  command, 


^M:'^  f'-^v  w ; '  ■ 


d_ 


V 


A 


] 


I 


a 


Herman  Witsius  RvLANdy  Secretary, 


^*^ 


; 


-I 


\  1 

i  I 
'  I 


i 


C    *«o    ] 
RESOLUTIONS  . 

ft 

Zfl/W  Before  the  Houfs  of  Reprefentatives  of  the  United 
States f  on  Friday,  the  ^d  of  January^  '794>  h 
Mr,  Madifon. 

RESOLVED,  as  the  opinion  of  this  committect 
That  the  intereft  of  the  United  States  would 
be  promoted  by  further  reftri^lions  and  higher  duties^ 
tn  certain  cafes,  on  the  manufadlures  and  navigation 
of  foreign  nations  employed  in  the  commerce  of  the 
United  States,  than  thofe  now  impofcd. 

I.  Refohed,  as  the  opinion  of  this  committee,  That 
an  additional  duty  ought  to  be  laid  on  the  following 
articles,  manufadlured  by  European  nations,  having 
no  commercial  treaty  with  the  United  States. 

On  all  articles  of  which  leather  is  the  material  of 
chief  value,  an  additional  duty  of  per  centum 

ad  valorem. 

On  all  manufadured  iron,  fteel,  tin,  pewter,  cop- 
per, brafs,  or  articles  of  which  either  of  thefe  metals 
is  the  material  of  chief  value,  an  additional  duty  of 
per  centum  ad  valorem. 

On  all  articles  of  which  cotton  is  the  material  of 
chief  vaTue,  an  additional  duty  of  per  centum 

ad  valorem. 

-  Oil  all  articles  of  which  wool  is  the  material  of 
chief  value,  where  the  cftimated  value .  on  which  the 
duty  is  payable,   is  above  an  additional  duty  of 

per  centum  ad  valorem  ;  where  fuch  value  is 
below  an  additional  duty  of   '^  i        per  cen- 

tum ad  valorem.  \''     ' 

On  all  cloths,  of  which  hemp  or  flax  is  the  material 
of  chief  value,  and  of  which  the  eilimate  value  on 
which  the  duty  is  payable,  is  below  an  addi- 

tional duty  of  per  centum  ad  valorem.,       ^ 

On  all  manufadures  of  which  fdk  is  the  material 
of  chief  value,    an  additional  duty  of  per 

centum  ad  valorem., 


-'   ♦iilSES*!.---' 


**■■ 


:^ 


k        \  .'it 

itnlttee, 

\  would 

duties, 

igation 

of  the 

!,  That 
llowiivg 
having 

erial  of 
centum 


r,  cop- 
metals 
uty  of 

rial  of 
:entum 

rial  of 
:h  the 
uty  of 
alue  is 
:r  cen- 

aterial 
ue  on 
addi- 

iterial 
pev 


2.  RefoheJy  as  the  opinion  of  this  committee,  Tiiat 
an  additional  duty  of  per  ton  ought  to  be  laid 
on  the  veflcls  belonging  to  nations  having  no  commei*- 
cial  treaties  with  the  United  States. 

3.  Refolved,  as  the  opinion  of  this  committee,  That 
the  duties  on  veflcls  belonging  to  nations  having  com- 
mercial treaties  with  the  United  States,  ought  to  be 
reduced  to  per  ton. 

4.  Refolved,  as  the  opinion  of  this  committee,  That 
where  any  nation  may  refufe  to  confider  as  vefl*el8  of 
the  United  States,  any  vcfl*el8  not  built  within  the 
United  States,  the  foreign  built  vefl*els  of  fuch  nation 
ought  to  be  fubjeded  to  a  like  refufal,  unlefs  built 
within  the  United  States. 

5.  Refolved,  as  the  opinion  of  this  committee,  That 
where  any  nation  may  refufe  to  admit  the  produce  or 
manufa£^ures  of  the  United  States,  unlefs  in  veflels 
belonging  to  the  United  States,  or  to  admit  them  in 
vefTels  of  the  United  States,  if  laft  imported  from  any 
place  within  the  United  States,  a  like  reftriftion 
ought,  after  the  day  of  to  be  extended 
to  the  produce  and  manufadlures  of  fuch  nation  ;  and 
that  in  the  mean  time,  a  duty  of  per  ton,  ex- 
traordinary, ought  to  be  impofed  on  vefTels  fo  import- 
ing any  fuch  produce  or  manufa£ture. 

6.  Refolved,  as  the  opinion  of  this  committee.  That 
where  any  nation  may  refufe  to  the  veflcls  of  the 
United  States  a  carriage  of  the  produce  or  manufac- 
tures thereof,  whilfl:  fuch  produce  or  manufadlures  are 
admitted  by  it  in  its  own  velfels,  it  would  be  juft  to 
make  the  reftrfdlions  reciprocal ;  but  in  as  much  as 
fuch  a  meafure,  if  fuddenly  adopted,  might  be  parti- 
cularly diftrefling  in  cafes  which  merit  the  benevolent 
attention  of  the  United  States,  it  is  expedient  for  the 
prefent,  that  a  tonnage  extraordinary  only  of 

be  impofed  on  the  vefl*els  fo  employed  ;  and  that  all 
diftilled  fpirits  imported  therein  (hall  be  fubj«*6led  to 
an  additional  duty  of  one  part  of  the  exilUng 

duty. 


r 


'wr 


■x;^-.,: 


i    ^*2       ] 

Rcfoheily  as  the  opinion  of  this  committee,  'IT.at 
provifion  ought  to  be  made  for  liquidating  and  afccr- 
taining  the  lofFes  fuftained  by  citizens  of  the  Uniteof 
States  from  the  operation  of  particular  regulations  oF 
any  countr)-,  contravening  the  law  of  nations,  and  uliat 
fuch  loflls  be  rcimburftd  in  the  firil  indnnce,  out  of 
the  additional  duties  on  the  manufaftures,  prcriutl:i- 
•ns  and  vcflVls  of  the  nation  cftablifliing  fuch  imlav\Tiil 
regulations. 


II « 


■<  ■<! 


*•■>•■ 


1  ,1 


<■.  .-^ 


RESOLUTIONS 


Lall  hi'fcre  the  Houfe  of  Reprcftntatives  of  the  Uniitd 
States,  on  Thurfday  the  l-jth  of  March,  I794>  ^.V 
Mr,  Dayton. 

RESOLVED,  That  provifion  ought  to  be  made 
by  law,  for  the  fequtftration  of  all  the  debts  due 
from  the  citizens  of  the  United  States  to  the  fubje^ts 
of  the  king  of  Great  Britain. 

Refoheeij  That  provifion  ought,  in  like  manne**, 
to  be  made  for  fecuring  the  payment  of  all  fuch  debts 
into  the  treafury  of  the  United  States,  there  to  be 
held  as  a  pledge  for  the  indemnification  of  fuch  of  the 
citizens  of  the  fald  States,  as  (hall  have  fuffered  from 
the  (hips  of  war,  privateers,  or  from  any  perfon,  or 
defcription  of  perfons,  acting  under  the  commifllon  or 
authority  of  the  Britifh  king,  in  contravention  of  the 
laws  of  nations,  and  In  violation  of  the  rights  of  neu^ 
trallty.  -    '     -**f .        ■!' H':.,..v  ':•*.'-.  :■••:'' ''■?• 


*i 


<-) 


I   :. 


■i  :■*   H  C-i   ,  '-.".-'■.t.  .  ri^' 


\ 


I 


m^-^^ 


,   That 
[I  afccr- 

ti'ons  oF 

ind  x\\?X 

out  of 

mlavTal 


Uniitd 
794>  h 


be  made 
t'bts  due 
fubjc£ls 

manne**, 
ch  debts 
;re  to  be 
h  of  the 
red  from 
;rfon,  or 
liflion  or 
>n  of  the 
s  of  neu- 


Ci 


T 


*>^ 


C    283    3 


RESOLUTION 


Laid  before  the  Houfe  of  Reprefcntatives  of  the  United 
States i  on  Monday  the  ']th  of  April y  1794,  by  Mr. 
Clarke.  ^l 

RESOLVED,    That  until  the  government  of 
Great  Britain  (hall  caufe  reilitution  to  be  made 
for  all  lofles  and  damages  fuftained  by  the  citizens  of 
.■^     the  United  States,  from  armed  veffels,  or  from  any  per- 

J  fon  or  perfons  ading  under  commiffion  or  authority  of 
the  Britifh  king,  contrary  to  the  laws  of  nations,  and 
in  violation  of  the  rights  of  neutrality  ;  and  alfo,  until 
all  the  poils,  now  held  and  detained  by  the  king  of 
Great  Britain,  within  th€  territories  of  the  United 
States,  (hall  be  furrendercd  and  given  up,  all  commer- 
cial intercourfe,  between  the  citizens  of  the  United 
States,  and  the  fubje^ls  of  the  king  of  Great  Britain^ 
fo  far  as  the  fame  refpedis  articles  of  the  growth  or 
manufacture  of  Great  Britain  or  Ireland,  (hall  be  pro* 
Hibited  ;  provided  fuch  prohibition  (hall  not  extend  to 

'  ve(rel8,  or  their  cargoes,  arriving  in  any  of  the  ports 
of  the  United  States,  before  the  day  of 


next. 


• .     '.    x 


i 


»    I    N    I    S. 


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1  ii 


*  I 
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.  _     .g-^-ai^lfcfe..' 


